Patras Mazibuko v Telecel Zimbabwe (Pvt) Ltd

[2014] ZWLC 83

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Case Details

Court

Labour Court

Date

14 February 2014

Citation

[2014] ZWLC 83

Judgment No.

LC/H/83/14

Outcome

unknown

Case Type

Application

Bench

Presiding

L.M. Murasi

Full Bench

L.M. Murasi

Areas of Law

Labour LawEmployment Law

Keywords

suspensionunfair labour practicesection 93(7)arbitrationjurisdiction

Key Issues

{"issue_text":"Whether the Labour Court has jurisdiction to hear an application in terms of section 93(7) of the Labour Act","issue_type":"procedural","dispositive":"no","related_facts":"Certificate of No Settlement issued, matter not referred to arbitration"}
{"issue_text":"Whether the application properly falls within the provisions of section 93(7) of the Labour Act","issue_type":"law","dispositive":"yes","related_facts":"Certificate of No Settlement issued on 14 August 2013, matter not referred to arbitration"}
{"issue_text":"Whether the High Court review application affects the Labour Court's jurisdiction","issue_type":"law","dispositive":"no","related_facts":"Applicant filed review application in High Court regarding previous Labour Court decision"}

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Facts of the Case

Background

The applicant, a Human Resources Director at Telecel Zimbabwe, was suspended in January 2011 for alleged misconduct. After various legal proceedings including successful challenges to the suspension, the matter was referred to a Labour Officer who issued a Certificate of No Settlement on 14 August 2013. The applicant then approached the Labour Court directly under section 93(7) seeking relief.

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