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Labour Court

Zimbabwe Electricity Transmission and Distribution Company v Lawrence Mtandwa and Ronald Mutombodzi

JUDGMENT NO. LC/H/250/14

Case Details

Court
Labour Court
Date
3 March 2014
Citation
JUDGMENT NO. LC/H/250/14
Neutral Citation
[2014] ZWLC 250
Judgment No.
LC/H/250/14
Outcome
unknown
Case Type
Appeal

Bench

Presiding
L.M. Murasi J.
Full Bench
L.M. Murasi J.
Areas of Law
Labour Law Employment Law
Keywords
transfer consultation arbitration unfair dismissal reinstatement
Tags
transferconsultationarbitration awardsuspension of award
legislation
Statutes Cited
  • Labour Act [Chapter 28:01]
  • Labour Act [Chapter 28:01]
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the movement of respondents from one office to another constitutes a transfer within the meaning of the Labour Act requiring consultation","issue_type":"law","dispositive":"yes","related_facts":"Transfer letters issued in April 2012; evidence of Mr Katsande referring to movements as \"transfers\""}
  • {"issue_text":"Whether the filing of an appeal against an arbitration award suspends the implementation of that award","issue_type":"law","dispositive":"yes","related_facts":"Appellant's grounds of appeal; provisions of Section 92E of Labour Act"}
  • {"issue_text":"Whether the arbitrator erred in basing her decision on orders and awards that were subject to appeal","issue_type":"law","dispositive":"yes","related_facts":"High Court Order dated 10 October 2012; Arbitral awards by Shawatu and Nyamupachitu"}
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background
Facts of the Case

Background

The respondents, formerly employed by the appellant as engineers and managers, were issued transfer letters in April 2012 which they challenged. Following a series of arbitral awards and a High Court order that required consultation before transfer, the appellant proceeded with disciplinary hearings and dismissed the respondents. The arbitrator found the dismissal unfair and ordered reinstatement, which the appellant appealed.
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