Admire Kudakwashe Munokwenyu v National Prosecution Authority & Anor

[2024] ZWLC 152

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Case Details

Court

Labour Court

Date

7 November 2024

Citation

[2024] ZWLC 152

Judgment No.

LC/H/152/25

Outcome

unknown

Case Type

Review and Appeal

Bench

Presiding

Kudya J

Full Bench

Kudya J

Areas of Law

Labour lawEmployment lawAdministrative law

Keywords

Unfair dismissalSection 59 of SI 85/15Absence without leaveNatural justiceReinstatement

Key Issues

{"issue_text":"Whether the employer properly applied Section 59(1) of SI 85/15 to dismiss the employee without a hearing","issue_type":"mixed","dispositive":"yes","related_facts":"Employee's alleged absence from 17 June to 31 July 2024; ongoing communication during alleged absence period"}
{"issue_text":"Whether the principles of natural justice were violated in the dismissal process","issue_type":"procedural","dispositive":"no","related_facts":"No disciplinary hearing conducted; no opportunity for representations"}

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Facts of the Case

Background

The applicant, employed by the National Prosecution Authority, was dismissed for being absent from work without official leave from 17 June 2024 to 31 July 2024. The employer invoked Section 59(1) of SI 85/15 to terminate his employment without a disciplinary hearing. The applicant challenged both the procedural fairness and the factual basis of his dismissal.

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