Econet Wireless (Private) Limited v Raphael Machikichi

[2020] ZWSC 126

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Case Details

Court

Supreme Court

Date

6 October 2020

Citation

[2020] ZWSC 126

Judgment No.

SC 126/20

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Gwaunza DCJ

Full Bench

Gwaunza DCJGuvava JABhunu JA

Areas of Law

Labour lawEmployment lawJurisdiction

Keywords

Unfair dismissalLabour officer jurisdictionDisciplinary hearingNational Employment Code of ConductArbitrationConciliation

Key Issues

{"issue_text":"Whether a labour officer has jurisdiction to conciliate and refer to arbitration a dispute that has already been determined through disciplinary proceedings under the National Code of Conduct","issue_type":"procedural","dispositive":"yes","related_facts":"Disciplinary proceedings completed, internal appeal dismissed, matter referred to labour officer"}
{"issue_text":"Whether the arbitrator exceeded his terms of reference by determining the merits of the charge","issue_type":"procedural","dispositive":"no","related_facts":"Arbitrator found appellant had not proven case, interfered with disciplinary findings"}

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background

Facts of the Case

Background

The respondent employee was dismissed for misconduct after disciplinary proceedings under the National Employment Code of Conduct. He referred the dispute to a labour officer for conciliation, which failed, leading to arbitration. The arbitrator found unfair dismissal and ordered reinstatement or damages. The Labour Court upheld this decision. The Supreme Court found the entire process flawed as the labour officer lacked jurisdiction over matters already determined under disciplinary proceedings.

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