Pioneer Transport v Douglas Mafikeni

SC 65/2018

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Case Details

Court

Supreme Court

Date

19 October 2018

Citation

SC 65/2018

Neutral Citation

[2018] ZWSC 65

Outcome

unknown

Case Type

Appeal

Bench

Presiding

GARWE JA

Author

MAVANGIRA JA

Full Bench

GARWE JAMAVANGIRA JABHUNU JA

Areas of Law

Labour lawEmployment lawAdministrative justice

Keywords

DismissalDisciplinary committeeManaging DirectorNatural justiceAudi alteram partem

Key Issues

{"issue_text":"Whether the Managing Director's proceedings violated natural justice by not hearing the respondent","issue_type":"procedural","dispositive":"yes","related_facts":"Managing Director made decision without hearing respondent; respondent not served with appeal papers"}
{"issue_text":"Whether the Labour Court erred in interfering with the employer's discretion under section 12B(4)","issue_type":"law","dispositive":"no","related_facts":"Labour Court found Managing Director misdirected himself by considering expired warning"}

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Facts of the Case

Background

The respondent employee was dismissed by the Managing Director after a disciplinary committee had only issued him with a second written warning. The Managing Director overturned the committee's decision on appeal by the complainant. The Labour Court set aside the dismissal. The Supreme Court found the Managing Director's proceedings were a nullity for violating natural justice as the respondent was not heard.

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