Abraham Miyambwa v Peter Chirongoma & Anor

LC/H/82/2020

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Case Details

Court

Labour Court

Date

4 March 2020

Citation

LC/H/82/2020

Neutral Citation

[2020] ZWLC 82

Outcome

unknown

Case Type

Review

Bench

Presiding

B.T. Chivizhe

Full Bench

B.T. Chivizhe

Areas of Law

Labour lawEmployment disputesAdministrative review

Keywords

jurisdictiondesignated agentunfair labour practicedisciplinary appealCode of Conduct

Key Issues

{"issue_text":"Whether the designated agent erred in declining jurisdiction","issue_type":"law","dispositive":"yes","related_facts":"Applicant referred matter after 30 days, Code provides for referral to Labour Officer/Designated Agent"}
{"issue_text":"Whether the application was properly before the court","issue_type":"procedural","dispositive":"no","related_facts":"Application filed under Rule 20, respondents failed to file notices of response"}

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background

Facts of the Case

Background

The applicant, employed as a confectioner by Innscor Africa since July 2011, was dismissed in March 2017 following disciplinary proceedings for absenteeism. He noted an appeal on 11 April 2017 which was never heard. After follow-ups proved futile, he referred the matter to the designated agent as an unfair labour practice claim on 23 August 2018. The designated agent ruled on 23 July 2019 that he lacked jurisdiction to hear the matter, prompting this review application.

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