Zimbabwe Broadcasting Corporation (Pvt) Ltd v Walter Mufanochiya

Key Issues

• {"issue_text":"Whether the matter was properly referred to the arbitrator in terms of section 101(6) of the Labour Act, given that 30 days had not elapsed from notification.","issue_type":"procedural","dispositive":"yes","related_facts":"Date of notification (25 September 2012) vs date of referral (3 October 2012)."}
• {"issue_text":"Whether the arbitrator had jurisdiction to determine the merits when the disciplinary proceedings had not been concluded.","issue_type":"law","dispositive":"yes","related_facts":"The disciplinary proceedings were ongoing but halted by the referral."}
• {"issue_text":"Whether the arbitrator erred by making factual findings on guilt/innocence outside the terms of reference.","issue_type":"procedural","dispositive":"yes","related_facts":"The arbitrator determined the respondent was not guilty, despite the parties agreeing he had no valid defence."}

Background