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Supreme Court

National Railways of Zimbabwe v Tafadzwa Bunu

SC 178/20

Case Details

Court
Supreme Court
Date
7 December 2020
Citation
SC 178/20
Neutral Citation
[2020] ZWSC 178
Outcome
unknown
Case Type
Appeal

Bench

Presiding
GOWORA JA
Full Bench
GOWORA JAGUVAVA JABERE JA
Areas of Law
Labour LawEmployment Law
Keywords
unlawful collective job actiondisciplinary actionabsenteeismdouble jeopardydisposal orderLabour Court
Tags
collective job actionabsenteeismdouble jeopardyres judicatadisposal order
legislation
Statutes Cited
  • Labour Act
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether an employer is precluded from subjecting an employee who participates in an unlawful job action to disciplinary charges for absenteeism after a disposal order has been issued","issue_type":"law","dispositive":"yes","related_facts":"Employee participated in unlawful collective job action; disposal order issued; employee later charged with absenteeism"}
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background
Facts of the Case

Background

The respondent employee participated in an unlawful collective job action from 29 March 2016. The employer obtained a disposal order on 14 June 2016 and later charged the employee with absenteeism, leading to dismissal. The Labour Court set aside the dismissal on grounds of double jeopardy.
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