Tendai Marumisa v ZETDC (Pvt) Ltd

Key Issues

• {"issue_text":"Whether the arbitrator erred in finding that the employer had jurisdiction to conduct the employee's disciplinary hearing when the matter had been referred to the Ministry under section 101(6) of the Labour Act","issue_type":"law","dispositive":"yes","related_facts":"Notification dated 15 November 2010, hearing on 9 December 2010, postponement requested by appellant, referral to Conciliator on 2 February 2011"}
• {"issue_text":"Whether an employee can use delays created by himself to oust the employer's jurisdiction in disciplinary matters","issue_type":"law","dispositive":"yes","related_facts":"Appellant requested postponement which caused delay beyond 30 days"}
• {"issue_text":"Whether the employer could resume jurisdiction after referral under section 101(6) of the Act","issue_type":"law","dispositive":"no","related_facts":"Conciliator remitted matter back to employer's disciplinary committee"}

Background