UNIFREIGHT LIMITED v SITHABILE HWENGWERE

SC 20/20

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Case Details

Court

Supreme Court

Date

10 July 2018

Citation

SC 20/20

Neutral Citation

[2020] ZWSC 20

Outcome

unknown

Case Type

Appeal

Bench

Presiding

GWAUNZA DCJ

Full Bench

GWAUNZA DCJGOWORA JAPATEL JA

Areas of Law

Labour LawAdministrative Law

Keywords

insubordinationregistered code of conductdisciplinary proceedingsreview

Key Issues

{"issue_text":"Whether the Labour Court erred in finding that the appellant's code of conduct was invalid and that the disciplinary proceedings were a nullity.","issue_type":"law","dispositive":"yes","related_facts":"The code of conduct was not registered at the time of the disciplinary proceedings."}
{"issue_text":"Whether the appellant could appeal on the merits when the lower court did not consider the merits.","issue_type":"procedural","dispositive":"yes","related_facts":"The Labour Court decided the case solely on the validity of the code of conduct."}

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background

Facts of the Case

Background

The respondent was employed as an Auto Electrician by the appellant. Following a work stoppage, she was charged with insubordination for failing to submit a report and was dismissed. The Labour Court found that the appellant's code of conduct was not properly registered at the time of the disciplinary proceedings and set aside the dismissal.

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