Samson Zinyama v National Handling Services

[2016] ZWLC 657

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Case Details

Court

Labour Court

Date

21 October 2016

Citation

[2016] ZWLC 657

Judgment No.

LC/H/657/2016

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Manyangadze J

Full Bench

Manyangadze J

Areas of Law

Labour LawEmployment Law

Keywords

unfair dismissalarbitral awardstatutory instrument 15/06condonationprescription

Key Issues

{"issue_text":"Whether the arbitrator erred in holding that the appellant should have complied with S I 15/06 when the dismissal was allegedly a nullity","issue_type":"procedural","dispositive":"no","related_facts":"Appellant dismissed under S I 15/06, respondent had registered Code of Conduct"}
{"issue_text":"Whether the arbitrator had jurisdiction despite the late referral given section 94(1)'s two-year prescription period","issue_type":"procedural","dispositive":"yes","related_facts":"Referral made within two years but outside seven-day period"}

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background

Facts of the Case

Background

The appellant was dismissed from employment following disciplinary proceedings conducted under S I 15/06. His internal appeal was dismissed on 23 August 2012. He failed to refer the matter to a labour officer within the prescribed seven-day period, instead doing so on 5 May 2014. The arbitrator dismissed his claim on the basis that the matter was not properly before her due to this procedural non-compliance.

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