City of Harare v Gertrude Muzandaka

[2014] ZWLC 851

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Case Details

Court

Labour Court

Date

19 December 2014

Citation

[2014] ZWLC 851

Judgment No.

LC/H/851/2014

Outcome

unknown

Case Type

Appeal

Bench

Presiding

R F Manyangadze

Full Bench

R F Manyangadze

Areas of Law

Labour lawEmployment disciplinary procedures

Keywords

MisconductAbsenteeismCollective Bargaining AgreementProcedural irregularities

Key Issues

{"issue_text":"Whether the Appeals Committee erred in law by reinstating the respondent on humanitarian grounds without finding any legal misdirection in the Disciplinary Committee's decision","issue_type":"law","dispositive":"yes","related_facts":"Appeals Committee minutes showing humanitarian grounds as basis for reinstatement"}

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Facts of the Case

Background

The respondent was dismissed for absenteeism in 2009. After procedural irregularities were discovered, she was reinstated in 2010 and disciplinary proceedings were reinstituted. She was again dismissed, appealed to the Appeals Committee which reinstated her on humanitarian grounds despite finding no legal error in the dismissal.

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