Pianos Mubaiwa v BOC Zimbabwe (Pvt) Ltd & Anor

Key Issues

• {"issue_text":"Whether the National Employment Council Code of Conduct properly superseded the existing BOC Works Council Code under Section 101(1b)","issue_type":"law","dispositive":"no","related_facts":"Existence of 2004 BOC code, subsequent NEC code registration"}
• {"issue_text":"Whether the applicant received sufficient notice of the disciplinary hearing as required by Section 6 of the National Code","issue_type":"procedural","dispositive":"no","related_facts":"Notice served 7 July, hearing 13 July; service through representative"}
• {"issue_text":"Whether the disciplinary committee was properly composed with legal representation for the employer","issue_type":"procedural","dispositive":"no","related_facts":"Employer represented by legal practitioner, code silent on employer representation"}
• {"issue_text":"Whether the applicant's right to address in mitigation was violated","issue_type":"procedural","dispositive":"yes","related_facts":"Proceedings in absence, no mitigation opportunity provided"}

Background