Victor Gurajena v Interfresh Limited

JUDGMENT NO.LC/H/274/13

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Case Details

Court

Labour Court

Date

20 February 2013

Citation

JUDGMENT NO.LC/H/274/13

Neutral Citation

[2013] ZWLC 274

Judgment No.

LC/H/274/13

Outcome

unknown

Case Type

Appeal

Bench

Presiding

G. Mhuri

Full Bench

G. Mhuri

Areas of Law

Employment LawLabour Law

Keywords

Code of ConductRes JudicataGrade A4Statutory Instrument 15 of 2006

Key Issues

{"issue_text":"Whether the plea of res judicata should succeed in preventing the relitigation of the issue of the applicability of the Interfresh Code of Conduct.","issue_type":"procedural","dispositive":"yes","related_facts":"Previous judgment LC/H/156/10; same parties; same issue"}
{"issue_text":"Whether the Interfresh Code of Conduct applies to an employee in grade A4.","issue_type":"law","dispositive":"no (not decided due to res judicata)","related_facts":"Appellant's grade is A4; Section 3 of the Code"}

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background

Facts of the Case

Background

The appellant was dismissed from his employment and was charged under the Interfresh Code of Conduct. He raised a preliminary point arguing that as an employee in grade A4, he was not covered by that Code but by the Labour (National Employment Code of Conduct) Regulations 2006. The respondent raised a plea of res judicata, stating the same issue had been previously decided against the appellant.

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