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Labour Court

Arnold Gurure v Servcor

[2013] ZWLC 223

Case Details

Court
Labour Court
Date
28 February 2013
Citation
[2013] ZWLC 223
Judgment No.
LC/H/223/2013
Outcome
unknown
Case Type
Review

Bench

Presiding
L. Kudya
Full Bench
L. Kudya
Areas of Law
Labour lawProcedural fairnessRight to fair hearing
Keywords
Disciplinary hearingAbsence from hearingMedical certificateRight to be heardProcedural irregularity
Tags
Disciplinary hearingRight to be heardMedical examinationProcedural irregularity
legislation
Statutes Cited
  • Constitution of Zimbabwe (old)
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the employer afforded the applicant a fair hearing before dismissal","issue_type":"procedural","dispositive":"yes","related_facts":"Hearing proceeded in absence; medical examination requirement; notification issues"}
  • {"issue_text":"Whether requiring applicant to undergo medical examination by company-nominated doctor violated his rights","issue_type":"constitutional","dispositive":"no","related_facts":"Doctor-patient confidentiality; right to privacy"}
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background
Facts of the Case

Background

The applicant employee was dismissed after disciplinary proceedings conducted in his absence. He had submitted medical certificates on four occasions to excuse his absence, but the employer proceeded with the hearing, requiring him to see a doctor of their choice and sending correspondence to an address he was barred from accessing.
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