Econet Wireless (Pvt) Ltd v Gerald Manduna

[2014] ZWLC 493

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Case Details

Court

Labour Court

Date

16 July 2014

Citation

[2014] ZWLC 493

Judgment No.

LC/H/493/14

Outcome

unknown

Case Type

Appeal

Bench

Presiding

B.S. Chidziva

Full Bench

B.S. Chidziva

Areas of Law

Labour LawEmployment Law

Keywords

unfair dismissalprescriptionreinstatementdisciplinary hearingcode of conduct

Key Issues

{"issue_text":"Whether the unfair dismissal claim had prescribed under section 94(1)(b) of the Labour Act","issue_type":"procedural","dispositive":"no","related_facts":"Dismissal date 7 October 2004, referral date January 2005"}
{"issue_text":"Whether the respondent was unfairly dismissed for not being charged under a Code of Conduct","issue_type":"law","dispositive":"yes","related_facts":"No evidence of charging under Electronics Communications Code"}
{"issue_text":"Whether the reinstatement date should be from dismissal date or award date","issue_type":"law","dispositive":"no","related_facts":"Award issued 9 years after dismissal"}

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Facts of the Case

Background

The respondent, a former employee of Econet Wireless, was dismissed in October 2004. He challenged his dismissal in 2010, claiming it was unfair as he was not dismissed in terms of a Code of Conduct and was denied a fair hearing. The arbitrator found in his favour, leading to this appeal.

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