City of Harare v Nosbert Maonera

LC/H/731/13

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Case Details

Court

Labour Court

Date

3 January 2014

Citation

LC/H/731/13

Neutral Citation

[2013] ZWLC 731

Outcome

unknown

Case Type

Appeal

Bench

Presiding

G. Mhuri

Full Bench

G. Mhuri

Areas of Law

Labour lawArbitrationEmployment procedures

Keywords

Arbitrator jurisdictionEmployment CouncilAppeals CommitteeCollective Bargaining AgreementSI 17/2007

Key Issues

{"issue_text":"Did the arbitrator have jurisdiction to hear the appeal when the Collective Bargaining Agreement provided for an internal Appeals Committee procedure?","issue_type":"procedural","dispositive":"yes","related_facts":"Respondent referred matter to NEC instead of Appeals Committee"}
{"issue_text":"Whether the practice of referring appeals to arbitration instead of internal procedures could confer jurisdiction","issue_type":"law","dispositive":"no","related_facts":"Customary practice of using arbitration"}

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Facts of the Case

Background

The respondent was dismissed from employment with the City of Harare. Instead of following the internal appeal procedure provided in the Collective Bargaining Agreement SI 17/2007, the respondent's union referred the matter to the National Employment Council for conciliation and arbitration. An arbitrator issued an award ordering reinstatement or damages, which the appellant challenged on jurisdictional grounds.

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