Rudy Tandayo Mafunga v Treger Products (Pvt) Ltd

HB 44-21

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Case Details

Court

Bulawayo High Court

Date

18 March 2021

Citation

HB 44-21

Neutral Citation

[2021] ZWHB 44

Outcome

unknown

Case Type

Application

Bench

Presiding

Mabhikwa J

Full Bench

Mabhikwa J

Areas of Law

Labour lawEmployment disciplinary procedures

Keywords

Code of ConductDisciplinary hearingDeclaraturReviewTime limits

Key Issues

{"issue_text":"Whether the application is a disguised review application brought out of time","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed four years after disciplinary decision"}
{"issue_text":"Whether the correct Code of Conduct was used in the disciplinary hearing","issue_type":"mixed","dispositive":"no","related_facts":"National Code used instead of company code"}

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background

Facts of the Case

Background

The applicant, a former employee, sought a declaratory order to nullify disciplinary proceedings conducted by two retired judges in 2014, claiming the wrong Code of Conduct was used. The application was brought four years later after his Labour Court appeal failed.

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