Tichaona Changadeya v Health Services Board

JUDGMENT NO LC/H/732/14

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Case Details

Court

Labour Court

Date

21 October 2014

Citation

JUDGMENT NO LC/H/732/14

Neutral Citation

[2014] ZWLC 732

Judgment No.

LC/H/732/14

Outcome

unknown

Case Type

Appeal

Bench

Presiding

F.C. Maxwell

Full Bench

F.C. Maxwell

Areas of Law

Employment LawLabour Law

Keywords

discharge from servicedisciplinary hearingjudicial reviewprocedural irregularity

Key Issues

[ISSUES] - issue_text: Whether the Labour Court has jurisdiction to hear an appeal against a discharge from service when the appellant's grievance is against the method of the trial rather than the determination itself issue_type: procedural related_facts: Appellant alleged irregularities in the disciplinary hearing procedure dispositive: yes - issue_text: Whether the proper procedure to challenge procedural irregularities in a disciplinary hearing is an appeal or a review issue_type: procedural related_facts: Appellant appealed against the decision but complained about the hearing process dispositive: yes

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background

Facts of the Case

Background

The appellant, a nurse aid at Karoi Hospital, was charged and convicted of improper behaviour including sexual harassment and acts inconsistent with his official duties. Following dismissal, his internal appeal failed, leading to this appeal which was dismissed as procedurally improper.

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