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Labour Court
Commercial Workers' Union v Waddilove Muparanganda
[2014] ZWLC 477
Case Details
Court
Labour Court
Date
1 August 2014
Citation
[2014] ZWLC 477
Judgment No.
LC/H/477/14
Outcome
unknown
Case Type
Appeal
Bench
Presiding
P Muzofa
Full Bench
P Muzofa
Areas of Law
Labour lawEmployment law
Keywords
unfair dismissalprocedural fairnesssuspension without payarbitral award
Tags
disciplinary hearingprocedural irregularitiessuspension without pay
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether respondent was entitled to salary from date of suspension when contract was terminated","issue_type":"mixed","dispositive":"yes","related_facts":"Respondent suspended without pay; arbitrator ordered payment from suspension date"}
- {"issue_text":"When was respondent's contract lawfully terminated","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator set aside 6 November 2009 dismissal; found new dismissal effective 26 April 2013"}
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background
Facts of the Case
Background
The respondent employee was suspended without pay on 12 October 2009 following suspicion of misconduct. After a disciplinary hearing, he was dismissed for theft/fraud and failure to deposit subscriptions within seven days. The arbitrator found the dismissal substantively fair but procedurally unfair, ordering payment of salary and benefits from suspension date to award date. The appellant union appealed this decision.
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