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Labour Court

City of Harare v Raymond Maratu & 24 Ors

[2016] ZWLC 206

Case Details

Court
Labour Court
Date
8 April 2016
Citation
[2016] ZWLC 206
Judgment No.
LC/H/206/2016
Outcome
unknown
Case Type
Appeal

Bench

Presiding
P Muzofa J
Full Bench
P Muzofa J
Areas of Law
Labour lawCollective bargaining
Keywords
Employee transferCollective bargaining agreementProcedural fairnessSection 28 of Code
Tags
Transfer disputesCollective bargaining agreementProcedural compliance
legislation
Statutes Cited
  • Collective Bargaining Agreement: Harare Municipal Undertaking (General Conditions of Service) Statutory Instrument 135 of 2012
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the arbitrator erred by finding that transfers were not procedurally effected","issue_type":"mixed","dispositive":"yes","related_facts":"Letter dated 1 December 2014, requirement to report 3 December 2014, no representations made"}
  • {"issue_text":"Whether section 28(3) of the Code was applicable to the respondents' situation","issue_type":"law","dispositive":"no","related_facts":"Lateral transfers within same department"}
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background
Facts of the Case

Background

The respondents, employees of City of Harare, were transferred laterally on 1 December 2014. They raised a grievance claiming the transfers were procedurally flawed as they were not given opportunity to make representations and were not notified timeously. An arbitrator found the transfers lacked proper procedure. The appellant appealed this decision.
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