Shungu Munyati v Biomedical Research Training Institute & Ors

[2025] ZWLC 189

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Case Details

Court

Labour Court

Date

14 May 2025

Citation

[2025] ZWLC 189

Judgment No.

LC/H/189/25

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

L.M. Murasi J

Full Bench

L.M. Murasi J

Areas of Law

Labour lawDisciplinary proceedingsEmployment law

Keywords

SuspensionDisciplinary hearing14-day ruleSI 15 of 2006National Employment Code of ConductFunctus officioUrgency

Key Issues

{"issue_text":"Whether the application was urgent","issue_type":"procedural","dispositive":"no","related_facts":"Timeline of events from 2 April to 14 April 2025"}
{"issue_text":"Whether the same hearing officer could preside over fresh proceedings after withdrawal","issue_type":"law","dispositive":"yes","related_facts":"Second respondent had heard evidence for three days before withdrawal"}
{"issue_text":"Whether exceeding the 14-day period rendered proceedings a nullity","issue_type":"law","dispositive":"yes","related_facts":"Proceedings exceeded 14 days from suspension date"}

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background

Facts of the Case

Background

The applicant, a Director General employed by the first respondent, was suspended in January 2025 for alleged misconduct. After disciplinary proceedings commenced before the second respondent, the first respondent withdrew the charges and reinstated her on 1 April 2025, only to re-suspend her the following day and schedule fresh disciplinary proceedings before the same hearing officer. The applicant brought an urgent application to stay the fresh proceedings.

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