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Discipline re: Disciplinary Hearings iro Approach, Appeal and Review of Misconduct Proceedings and Suspension from Duty

SC205-95 : MINERALS MARKETING CORP OF ZIMBABWE vs MAZVIMAVI
Ruled By: GUBBAY CJ, KORSAH JA and MUCHECHETERE JA

Under an appeal, the Labour Court is empowered to determine whether the conduct of the proceedings conformed with the specific clauses of the registered employment code of conduct, whilst in a review it is empowered to determine whether the manner of the proceedings thereunder offended the principles of natural justice, i.e acting fairly and honestly.
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SC205-95 : MINERALS MARKETING CORP OF ZIMBABWE vs MAZVIMAVI
Ruled By: GUBBAY CJ, KORSAH JA and MUCHECHETERE JA

Where a disciplinary code governs the conduct of employees, the right to be legally represented at an enquiry is dependent on the provisions of the code itself.
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SC26-09 : BARCLAYS BANK OF ZIMBABWE LIMITED vs FORTUNE NCUBE
Ruled By: SANDURA JA, ZIYAMBI JA and GARWE JA

The Appeals Board considered the fact that the case had been appealed to the NEC out of time. The excuse given by the Bank was that the case had erroneously been sent to another Grievance and Disciplinary Committee. However, the Appeals Board did not feel that a mistake like that was a valid excuse ...
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SC26-12 : CHIKOMBA RURAL DISTRICT COUNCIL vs HERBERT PASIPANODYA
Ruled By: GARWE JA, GOWORA JA and OMERJEE AJA

The background to this matter is as follows.The respondent was employed by the appellant as its Chief Executive Officer. In terms of the contract of employment signed by the two parties, the respondent's conduct at the workplace was to be “regulated through the Staff Code of Conduct and the Labour Relations Act [Cap. 28:01] as ...
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SC23-09 : ZIMPOST (PRIVATE) LIMITED vs COMMUNICATIONS AND ALLIED WORKERS' UNION
Ruled By: CHEDA JA, ZIYAMBI JA and MALABA JA

This is an appeal from a judgment of the Labour Court upholding a decision of an arbitrator setting aside the dismissal of the appellant's employees who had been found guilty of an act or conduct inconsistent with the fulfilment of express or implied conditions of contracts of employment in that ...
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HH21-09 : MASHONALAND TURF CLUB vs MICHELLE NYAMANGUNDA
Ruled By: MTSHIYA J

I find SANDURA JA's finding in Mugwebie v Seed Co Ltd Anor 2000 (1) ZLR 93 (S) applicable to this case.This was a finding made in a labour dispute where the employer, in suspending an employee, had failed to follow its own Code of Conduct. For the sake ...
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HH23-08 : EDWIN MUSHORIWA vs ZIMBABWE BANKING CORPORATION
Ruled By: GOWORA J

What the applicant seeks from this court is the court grants him an order for reinstatement in his former position. To that end he has invoked the the audi alteram partem principle to the effect that he was not heard before the respondent made a decision dismissing him from his employment. It is trite ...
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HH23-12 : AUSTIN ZVOMA vs LOVEMORE MOYO N.O. and NOMALANGA KHUMALO N.O .and BRIAN TSHUMA N.O. and SHEPPARD MUSHONGA N.O. and EDNA MADZONGWE N.O. and WILLIAS MADZIMURE N.O. and LYNETTE KARENYI N.O.
Ruled By: BERE J

On 12 December 2011, the applicant filed an application in this court under Case No. HC12336/11 seeking a prohibitory interdict against the respondents.The remedy sought was to prevent the respondents from moving or accepting any motion from any member of the House of Assembly to dismiss the applicant without the ...
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HB68-09 : MISHECK MUKATA vs THE CHAIRPERSON OF PORTLAND HOLDINGS LIMITED DISCIPLINARY COMMITTEE and PORTLAND HOLDINGS LIMITED
Ruled By: CHEDA J

The question that falls for determination is whether or not the applicant's denial of legal representation at a disciplinary hearing is an infringement of the principles of natural justice. In order to expediently resolve labour disputes, the Legislature enacted the Labour Relations Act [Chapter 28:01], which, in turn, created the provision for various Codes of Conduct currently ...
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SC26-13 : SHADRECK MOYO & 13 OTHERS vs J .L. HOFFMAN and CENTRAL AFRICAN BATTERIES (PRIVATE) LIMITED
Ruled By: MALABA DCJ, ZIYAMBI JA and OMERJEE AJA

At the end of hearing argument for both parties, the appeal was dismissed with costs. It was indicated at the time that reasons for the decision would follow in due course. These are they. On 26 November 2009, the appellants issued out summons in the High Court claiming against the respondents payment of damages in the sum of ...