C M E D (Private) Limited v Calisto Maniki

[2014] ZWLC 85

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Case Details

Court

Labour Court

Date

14 February 2014

Citation

[2014] ZWLC 85

Judgment No.

LC/H/85/2014

Outcome

unknown

Case Type

Appeal

Bench

Presiding

P Muzofa

Full Bench

P Muzofa

Areas of Law

Labour lawUnfair dismissalPrescription of disputes

Keywords

ReinstatementArbitratorAbsence from dutyLeave authorisationPrescription

Key Issues

{"issue_text":"Whether the dispute had prescribed under section 94 of the Labour Act","issue_type":"procedural","dispositive":"yes","related_facts":"Alleged absences 2006-2007; referral to labour officer April 2009"}
{"issue_text":"Whether the arbitrator erred in finding respondent proved he was on authorised leave","issue_type":"factual","dispositive":"no","related_facts":"Leave forms produced; evidence of university attendance"}
{"issue_text":"Whether appellant committed unfair labour practice under Code of Conduct","issue_type":"law","dispositive":"no","related_facts":"Articles 8.1 and 12.5 of Code; disciplinary hearing timeframe"}

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Facts of the Case

Background

The respondent employee was dismissed for alleged unauthorised absence from duty for more than five days. The alleged absences occurred in 2006 and 2007. A disciplinary hearing proceeded in his absence after he referred the matter to a labour officer. The arbitrator ordered reinstatement, finding no unfair labour practice. The appellant appealed.

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