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Labour Court

Samson Dzikamunenga v City of Harare

[2016] ZWLC 457

Case Details

Court
Labour Court
Date
22 July 2016
Citation
[2016] ZWLC 457
Judgment No.
LC/H/457/2016
Outcome
unknown
Case Type
Review

Bench

Presiding
Murasi J
Full Bench
Murasi J
Areas of Law
Labour lawReview proceedings
Keywords
unfair dismissalarbitrator biasjurisdictiondisciplinary committee
Tags
reviewarbitrationdisciplinary hearing
legislation
Statutes Cited
  • Labour Act
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether arbitrator had jurisdiction when delivering award given alleged expiry of practicing certificate","issue_type":"procedural","dispositive":"no","related_facts":"Arbitrator delivered award on 10 March 2016; applicant alleged mandate had expired"}
  • {"issue_text":"Whether arbitrator was biased in proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Applicant claimed arbitrator failed to consider preliminary points; no legal link between record and award"}
  • {"issue_text":"Whether arbitrator erred in relying on inaccurate minute book","issue_type":"procedural","dispositive":"no","related_facts":"Applicant claimed minutes had fatal irregularities and were unsigned"}
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background
Facts of the Case

Background

Applicant was employed by respondent's ICT Division, faced disciplinary charges, was found guilty and dismissed. Matter went to arbitration where arbitrator upheld dismissal. Applicant sought review alleging arbitrator bias and jurisdictional issues.
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