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Labour Court
Conellius Funu v Darleen Investment (Pvt) Ltd
[2016] ZWLC 73
Case Details
Court
Labour Court
Date
19 February 2016
Citation
[2016] ZWLC 73
Judgment No.
LC/H/73/16
Outcome
unknown
Case Type
Appeal
Bench
Presiding
L Kudya
Author
KUDYA, J
Full Bench
L Kudya
Areas of Law
Labour lawEmployment lawDisciplinary procedures
Keywords
Incitement to violenceDefault dismissalRight to be heardProcedural fairnessDisciplinary hearing
Tags
Disciplinary hearingProcedural irregularityRight to be heardDefault judgment
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the dismissal procedure followed substantial and procedural justice requirements","issue_type":"procedural","dispositive":"yes","related_facts":"Dismissal made in applicant's absence; applicant claims he sought adjournment"}
- {"issue_text":"Whether the appellate tribunals erred in upholding a dismissal made in absentia","issue_type":"procedural","dispositive":"yes","related_facts":"Both LJC and NECCS upheld dismissal without testing evidence"}
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background
Facts of the Case
Background
The applicant was dismissed for allegedly inciting fellow employees to violence against the employer during salary payments. The dismissal was made in his absence at a disciplinary hearing. He appealed through the Local Joint Committee and NECCS, both upholding his dismissal. The Labour Court found procedural irregularities in the disciplinary process.
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