Augushito Kamba v National Social Security Authority

[2021] ZWLC 117

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Case Details

Court

Labour Court

Date

27 August 2021

Citation

[2021] ZWLC 117

Judgment No.

LC/H/117/21

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Mhuri J

Full Bench

Mhuri J

Areas of Law

Labour LawDisciplinary Proceedings

Keywords

labour officer jurisdictionpremature referralforce majeureCOVID-19 interruptiondisciplinary hearing

Key Issues

{"issue_text":"Whether Labour Officer acted as disciplinary authority rather than conciliator","issue_type":"procedural","dispositive":"no","related_facts":"Labour Officer issued ruling without certificate of no settlement"}
{"issue_text":"Whether Labour Officer erred in holding matter was prematurely referred","issue_type":"procedural","dispositive":"yes","related_facts":"30-day period allegedly interrupted by COVID-19"}
{"issue_text":"Whether Labour Officer should have determined preliminary jurisdiction point","issue_type":"procedural","dispositive":"no","related_facts":"Appellant raised jurisdiction issue"}

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background

Facts of the Case

Background

The appellant was charged with misconduct and when the employer failed to determine the matter within 30 days as required by the Code, he referred it to a Labour Officer. The respondent argued the referral was premature due to COVID-19 interruption. The Labour Officer agreed and referred the matter back. The appellant appealed on three grounds challenging the Labour Officer's jurisdiction and procedure.

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