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Labour Court
Musafare Bosha v Tauya Coaches Services (Pvt) Ltd
LC/H/481/2016
Case Details
Court
Labour Court
Date
5 August 2016
Citation
LC/H/481/2016
Neutral Citation
[2016] ZWLC 481
Outcome
unknown
Case Type
Condonation
Bench
Presiding
G Musariri
Full Bench
G Musariri
Areas of Law
Labour lawCollective bargaining agreementsDisciplinary procedures
Keywords
late appealdomestic remedies exhaustionCode of ConductTransport Operating Industry
Tags
condonationdomestic remediescollective bargaining agreement
legislation
Statutes Cited
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant should be granted condonation for late noting of an appeal directly to the Labour Court against the disciplinary committee’s dismissal decision","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant missed 5-day CEO appeal window; Code provides no right of appeal from DC to Labour Court"}
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background
Facts of the Case
Background
The applicant, a truck driver, was dismissed for misconduct on 12 May 2014. He bypassed the 5-day internal appeal to the CEO provided in the applicable Collective Bargaining Agreement and instead approached the Labour Court for condonation to appeal directly against the disciplinary-committee verdict. An earlier condonation application (LC/H.APP/300/14) had already been dismissed by Justice Chidziva on 9 January 2015 for failure to exhaust domestic remedies.
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