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Labour Court

A. Timbine and Another v G.E.C. Zimbabwe (Pvt) Ltd

[2013] ZWLC 475

Case Details

Court
Labour Court
Date
11 October 2013
Citation
[2013] ZWLC 475
Judgment No.
LC/H/475/2013
Outcome
unknown
Case Type
Appeal

Bench

Presiding
F.C. Maxwell
Full Bench
F.C. MaxwellL. Kudya
Areas of Law
Labour lawEmployment disputes
Keywords
unfair dismissalovertimeemergency workarbitratorworks councilsection 101(6)
Tags
unfair dismissalovertime workemergency workprocedural irregularity
legislation
Statutes Cited
  • Labour Act
  • Labour Act
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the Labour Officer had jurisdiction to intervene in a matter where the Works Council had delayed in determining an appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Works Council failed to determine appeal timeously; appellants complained under Section 101(6)"}
  • {"issue_text":"Whether Section 101(6) applies to delays in appeal determinations or only to initial disciplinary proceedings","issue_type":"law","dispositive":"yes","related_facts":"Section 101(6) wording; Works Council delay"}
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background
Facts of the Case

Background

The appellants were dismissed for refusing to work overtime during weekends. They appealed to the Works Council against their dismissal, but the Works Council failed to determine the appeal timeously. The appellants then complained to a Labour Officer under Section 101(6) of the Labour Act, who referred the matter to arbitration. The arbitrator upheld the dismissal as fair.
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