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Supreme Court

TM Supermarkets (Private) Limited v Bisset Chimhini

Judgment No. SC 41/19

Case Details

Court
Supreme Court
Date
27 May 2019
Citation
Judgment No. SC 41/19
Neutral Citation
[2019] ZWSC 41/19
Judgment No.
SC 41/19
Outcome
unknown
Case Type
Appeal

Bench

Presiding
GARWE JA
Full Bench
GARWE JAGOWORA JAZIYAMBI AJA
Areas of Law
Labour LawAdministrative Law
Keywords
Disciplinary HearingBiasReviewProcedural IrregularitySuspension
Tags
Unfair DismissalDisciplinary ProceedingsProcedural Fairness
legislation
Statutes Cited
  • Labour Act
  • High Court Rules, 1971
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether it was mandatory to cite the disciplinary chairperson in review proceedings before the Labour Court.","issue_type":"procedural","dispositive":"no","related_facts":"Non-citation of the hearing officer in the Labour Court application."}
  • {"issue_text":"Whether the respondent waived his right to challenge the proceedings by walking out.","issue_type":"law","dispositive":"no","related_facts":"Respondent walking out of the hearing."}
  • {"issue_text":"Whether the refusal to avail documents and items before the hearing commenced was irregular.","issue_type":"procedural","dispositive":"yes","related_facts":"Hearing officer ordering proceedings to start while directing documents be furnished later."}
  • {"issue_text":"Whether the hearing officer's conduct created an appearance of bias.","issue_type":"law","dispositive":"yes","related_facts":"Hearing officer's comments and refusal to postpone or grant access to documents."}
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background
Facts of the Case

Background

The respondent was employed by the appellant as General Manager. Following allegations of misconduct, he was suspended and charged. The disciplinary hearing was fraught with procedural issues, including the appointment of an external hearing officer, inadequate notice, and refusal to provide documents requested by the respondent before the hearing commenced. The respondent walked out of the hearing, which proceeded in his absence and resulted in his dismissal. The Labour Court reviewed and set aside the dismissal.
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