Netsai Mukava v City of Harare

[2014] ZWLC 314

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Case Details

Court

Labour Court

Date

6 June 2014

Citation

[2014] ZWLC 314

Judgment No.

LC/H/314/14

Outcome

unknown

Case Type

Application

Bench

Presiding

P Muzofa

Full Bench

P Muzofa

Areas of Law

Labour lawDisciplinary proceedingsJurisdiction

Keywords

disciplinary hearinginterdictlabour court jurisdictioncode of conductres judicata

Key Issues

{"issue_text":"Does the Labour Court have jurisdiction to grant an interdict?","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant sought to bar respondent from conducting disciplinary hearing"}
{"issue_text":"Is the matter res judicata?","issue_type":"procedural","dispositive":"no","related_facts":"Multiple disciplinary proceedings for same absenteeism"}
{"issue_text":"Are allegations of bias and pre-determination well-founded?","issue_type":"mixed","dispositive":"no","related_facts":"Applicant's fear that respondent would again violate Code of Conduct"}

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background

Facts of the Case

Background

The applicant, an Environmental Health Inspector employed by the City of Harare, sought to interdict the respondent from conducting an internal disciplinary hearing against her. She had previously been dismissed twice for absenteeism, but both dismissals were overturned through arbitration awards in her favour. After the second arbitration award, this court remitted the matter to the disciplinary committee for compliance with the Code of Conduct. The applicant feared the respondent would again violate its own Code of Conduct and sought an order barring them from conducting the hearing.

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