Besol Mining & Milling Syndicate v N. Mudimu & 6 Others

[2016] ZWLC 708

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Case Details

Court

Labour Court

Date

4 November 2016

Citation

[2016] ZWLC 708

Judgment No.

LC/H/708/16

Outcome

unknown

Case Type

Appeal

Bench

Presiding

B.T Chivizhe

Full Bench

B.T Chivizhe

Areas of Law

Labour LawUnfair DismissalTrade Union Rights

Keywords

unfair dismissaltrade union victimisationunregistered code of conductconstructive dismissalreinstatement

Key Issues

{"issue_text":"Whether the appeal raises questions of law as required by Section 98(10) of the Labour Act","issue_type":"procedural","dispositive":"yes","related_facts":"All grounds of appeal relate to factual findings"}
{"issue_text":"Whether dismissal based on unregistered Code of Conduct constitutes unfair dismissal","issue_type":"law","dispositive":"no","related_facts":"Appellant used unregistered Code of Conduct to discipline employees"}
{"issue_text":"Whether employees were victimised for trade union membership","issue_type":"fact","dispositive":"no","related_facts":"Employees were union members and were transferred after union formation"}

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background

Facts of the Case

Background

The respondents, who were employees of the appellant, claimed they were victimised for joining the Mining Workers Union of Zimbabwe and were constructively dismissed through imposition of intolerable working conditions. The appellant alleged the employees were dismissed for wilful disobedience after refusing transfer to another mine. The arbitrator found the dismissal unfair as it was based on an unregistered Code of Conduct.

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