City of Harare v Cosmas Bungu

JUDGMENT NO. LC/H/146/2020

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Case Details

Court

Labour Court

Date

23 March 2020

Citation

JUDGMENT NO. LC/H/146/2020

Neutral Citation

[2020] ZWLC 146

Judgment No.

LC/H/146/2020

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Honourable B.S. Chidziva

Author

B.S. Chidziva

Full Bench

B.S. Chidziva

Areas of Law

Labour LawEmployment LawAdministrative Law

Keywords

Unfair dismissalDisciplinary hearingStatutory Instrument 17/2007Labour arbitrationReinstatement

Key Issues

{"issue_text":"Whether disciplinary proceedings were preferred out of time under SI 17/2007","issue_type":"law","dispositive":"yes","related_facts":"Timeline of offence, discovery, investigation and charges"}
{"issue_text":"Whether appeal court can make findings on facts","issue_type":"law","dispositive":"no","related_facts":"Standard of review for factual findings"}
{"issue_text":"Whether respondent was afforded opportunity to be heard at disciplinary hearing","issue_type":"mixed","dispositive":"yes","related_facts":"Postponement request, proceeding in absence"}

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background

Facts of the Case

Background

Respondent Cosmas Bungu, employed as Housing Managing Officer by City of Harare, was charged for absenteeism and dereliction of duty under SI 17/2007, found guilty and dismissed. He referred the matter for arbitration where it was found that he was unfairly dismissed due to charges being preferred outside prescribed time and lack of opportunity to be heard. City of Harare appealed this decision.

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