Cummins Zimbabwe v Simon Nyamhute

[2013] ZWLC 276

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Case Details

Court

Labour Court

Date

20 June 2013

Citation

[2013] ZWLC 276

Judgment No.

LC/H/276/2013

Outcome

unknown

Case Type

Appeal

Bench

Presiding

B.T. Chivizhe

Full Bench

B.T. Chivizhe

Areas of Law

Labour LawEmployment Law

Keywords

Unfair dismissalJurisdictionNECDomestic remediesReinstatement

Key Issues

{"issue_text":"Whether the Arbitrator had jurisdiction to hear the matter when the Respondent failed to exhaust domestic remedies under NEC before approaching Labour Officer","issue_type":"procedural","dispositive":"yes","related_facts":"NEC for Motor Industry exists; Respondent approached Labour Officer directly"}

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Facts of the Case

Background

The respondent employee was dismissed for dishonesty after a disciplinary hearing. He approached a Labour Officer for conciliation without first exhausting domestic remedies under the NEC for Motor Industry. The matter was referred to arbitration where the arbitrator ordered reinstatement, finding procedural irregularities in the dismissal.

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