Communications and Allied Services Workers Union of Zimbabwe v Tel-One (Private) Limited

HH 91-2005

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Case Details

Court

Harare High Court

Date

26 October 2005

Citation

HH 91-2005

Neutral Citation

[2005] ZWHH 91

Outcome

unknown

Case Type

Application

Bench

Presiding

MAKARAU J

Full Bench

MAKARAU J

Areas of Law

Labour LawTrade Union LawCollective Bargaining

Keywords

Trade union standingCollective job actionDisciplinary proceedingsLabour ActShow cause order

Key Issues

{"issue_text":"Whether the applicant has standing to bring this application on behalf of its members","issue_type":"procedural","dispositive":"yes","related_facts":"The applicant is a registered trade union seeking to represent its members"}
{"issue_text":"Whether the applicant should have exhausted domestic remedies before approaching this court","issue_type":"procedural","dispositive":"yes","related_facts":"Labour officer declined jurisdiction in the matter"}
{"issue_text":"Whether the invocation of the code of conduct by the respondent after the failed collective job action was grossly unprocedural","issue_type":"substantive","dispositive":"yes","related_facts":"Employees engaged in collective job action that was later found to be lawful"}

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Facts of the Case

Background

This is a labour dispute between a trade union and an employer over the suspension and termination of services of union members. Employees went on strike after giving notice, the employer obtained a show cause order declaring the strike illegal, but the Labour Court upheld the union's appeal. The employer then suspended 1,254 employees without pay and benefits, and many were charged with misconduct and dismissed.

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