Maxwell M Murawo v Zimbabwe Catering & Hotel Workers Union

[2014] ZWLC 179

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Case Details

Court

Labour Court

Date

28 March 2014

Citation

[2014] ZWLC 179

Judgment No.

LC/H/179/14

Outcome

unknown

Case Type

Appeal

Bench

Presiding

E Makamure

Full Bench

E Makamure

Areas of Law

Labour LawEmployment Law

Keywords

unfair dismissalsuspensionforced leavemisconductarbitration

Key Issues

{"issue_text":"Whether the appellant's dismissal for misconduct was justified","issue_type":"mixed","dispositive":"yes","related_facts":"Appellant violated section 4(a) and 4(b) of S.I.15/06; Appellant failed to submit required report"}
{"issue_text":"Whether suspension of appellant constituted unlawful \"forced leave\"","issue_type":"law","dispositive":"no","related_facts":"Appellant was suspended during disciplinary process"}
{"issue_text":"Whether arbitrator erred in proceeding without considering mitigation","issue_type":"procedural","dispositive":"no","related_facts":"No record of mitigation before arbitrator"}

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background

Facts of the Case

Background

The appellant was dismissed from employment for misconduct including wilful disobedience to lawful orders and conduct inconsistent with his employment contract. An arbitrator upheld the dismissal based on written submissions. The appellant appealed, challenging the dismissal and claiming he was sent on "forced leave."

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