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Labour Court

Calvin Matsinde v Zimbabwe Red Cross Society

[2016] ZWLC 225

Case Details

Court
Labour Court
Date
22 April 2016
Citation
[2016] ZWLC 225
Judgment No.
LC/H/225/2016
Outcome
unknown
Case Type
Application

Bench

Presiding
L.M. Murasi
Full Bench
L.M. Murasi
Areas of Law
Labour LawEmployment Law
Keywords
transferconsultationsection 2A(1)(e)misconductgrievance procedure
Tags
leave to appealSupreme Courttransferconsultationmisconduct
legislation
Statutes Cited
  • Labour Act
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether there are reasonable prospects of success on appeal to the Supreme Court","issue_type":"procedural","dispositive":"yes","related_facts":"All grounds of appeal raised by applicant"}
  • {"issue_text":"Whether the Labour Court erred in finding no need for consultation before transfer","issue_type":"mixed","dispositive":"no","related_facts":"Applicant's transfer, senior managerial position"}
  • {"issue_text":"Whether section 2A(1)(e) requires consultation on transfers","issue_type":"law","dispositive":"no","related_facts":"Transfer decision, applicant's refusal"}
  • {"issue_text":"Whether refusal to accept new contractual terms constitutes misconduct","issue_type":"law","dispositive":"no","related_facts":"Applicant's refusal, disciplinary charges"}
  • {"issue_text":"Whether failure to entertain grievance affected fairness of dismissal","issue_type":"mixed","dispositive":"no","related_facts":"Grievance procedure, Labour Court dismissal"}
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background
Facts of the Case

Background

The applicant, a National Programmes Coordinator, was transferred to the position of National Training Centre Manager. He refused the transfer, was charged with misconduct for refusing lawful instructions, and was dismissed. His internal appeal was dismissed by the Labour Court. He now seeks leave to appeal to the Supreme Court.
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