TRAUMA CENTRE v BRIGHTON RWAPUNGA

JUDGMENT NO. LC/H/75/2013

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Case Details

Court

Labour Court

Date

5 March 2013

Citation

JUDGMENT NO. LC/H/75/2013

Neutral Citation

[2013] ZWLC 75

Judgment No.

LC/H/75/2013

Outcome

unknown

Case Type

Appeal

Bench

Presiding

E. Makamure

Author

MAKAMURE E.

Full Bench

E. Makamure

Areas of Law

Labour LawEmployment Law

Keywords

Unfair dismissalArbitration awardCross-examinationNatural justiceAudi alteram partem

Key Issues

{"issue_text":"Whether the parties' agreement to decide the matter on papers constituted a judgment by consent, precluding an appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Parties agreed to be bound by the arbitrator's determination after written submissions"}
{"issue_text":"Whether the arbitrator erred in law by not allowing cross-examination","issue_type":"law","dispositive":"no","related_facts":"Arbitrator called for hearing but proceeded in appellant's absence"}
{"issue_text":"Whether the appellant was denied natural justice (audi alteram partem rule)","issue_type":"law","dispositive":"no","related_facts":"Appellant claimed they were not given a chance to be heard"}

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Facts of the Case

Background

The appellant dismissed the respondent without following the National Code of Conduct. The matter went to arbitration where the arbitrator proceeded in the appellant's absence after failed attempts to contact them. The arbitrator found the dismissal unfair and awarded in favour of the respondent. The appellant appealed, arguing they were not given an opportunity to be heard.

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