Dominic Mubayiwa v Zimbabwe Mining Development Corporation

[2014] ZWLC 10

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Case Details

Court

Labour Court

Date

31 January 2014

Citation

[2014] ZWLC 10

Judgment No.

LC/H/10/14

Outcome

unknown

Case Type

Review

Bench

Presiding

Hove J

Full Bench

Hove J

Areas of Law

Labour lawContract lawAdministrative justice

Keywords

Disciplinary hearingArbitration clauseBiasFair hearingNullity

Key Issues

{"issue_text":"Whether the Disciplinary Authority was unlawfully appointed contrary to the arbitration clause in the employment contract","issue_type":"procedural","dispositive":"yes","related_facts":"Contract clause 29, unilateral appointment of disciplinary authority"}
{"issue_text":"Whether the Disciplinary Committee was improperly composed contrary to Statutory Instrument 15 of 2006","issue_type":"procedural","dispositive":"no","related_facts":"Appointment of hearing authority and assessor"}
{"issue_text":"Whether there was malice and bias rendering the hearing unfair","issue_type":"mixed","dispositive":"no","related_facts":"Denial of documents, refusal of postponement, presence of press"}

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Facts of the Case

Background

The applicant, CEO of Zimbabwe Mining Development Corporation, was subjected to disciplinary proceedings after being suspended on 16 misconduct charges. He challenged the proceedings on grounds that the disciplinary authority was improperly appointed contrary to the arbitration clause in his employment contract and that the proceedings were biased.

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