Munchville Investments (Private) Limited t/a Bernstein Clothing v Chiedza Mugavha

SC 62/19

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Case Details

Court

Supreme Court

Date

19 September 2019

Citation

SC 62/19

Neutral Citation

[2019] ZWSC 62

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Gwaunza DCJ

Author

Patel JA

Full Bench

Gwaunza DCJGowora JAPatel JA

Areas of Law

Labour lawEmployment lawArbitration law

Keywords

Unfair dismissalDisciplinary hearingArbitrationLabour officerLis alibi pendensReinstatement

Key Issues

{"issue_text":"Whether employer who adopted incorrect dismissal procedure is prevented from adopting correct procedure for subsequent dismissal","issue_type":"legal","dispositive":"yes","related_facts":"First dismissal was unprocedural; employer reversed it and instituted fresh proceedings"}
{"issue_text":"Whether pending conciliation proceedings constitute lis alibi pendens precluding disciplinary proceedings","issue_type":"legal","dispositive":"yes","related_facts":"Disciplinary proceedings instituted while labour officer proceedings pending"}
{"issue_text":"Whether arbitrator had jurisdiction to determine the dispute","issue_type":"procedural","dispositive":"yes","related_facts":"No certificate of no settlement issued; parties agreed to arbitration"}

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background

Facts of the Case

Background

The respondent was employed as Merchandise Manager and was dismissed without proper disciplinary procedures. After she lodged a complaint with a labour officer, the appellant reversed the dismissal and instituted fresh disciplinary proceedings, which the respondent challenged. The arbitrator found both dismissals unlawful.

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