Edgar Rwodzi v Tarcon (Pvt) Ltd

[2016] ZWLC 290

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Case Details

Court

Labour Court

Date

13 May 2016

Citation

[2016] ZWLC 290

Judgment No.

LC/H/290/16

Outcome

unknown

Case Type

Review

Bench

Presiding

L Hove

Full Bench

L Hove

Areas of Law

Labour lawEmployment contractsDisciplinary procedures

Keywords

Termination on noticeDisciplinary proceedingsPending appealsAbuse of process

Key Issues

{"issue_text":"Can an employer abandon disciplinary proceedings and terminate an employment contract on notice instead?","issue_type":"legal","dispositive":"yes","related_facts":"Disciplinary proceedings pending, contract terminated on notice"}
{"issue_text":"Were there pending disciplinary proceedings when the contract was terminated?","issue_type":"factual","dispositive":"no","related_facts":"Appeal against warning still pending before arbitrator"}

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background

Facts of the Case

Background

The applicant, a general manager employed by respondent and stationed in Mozambique, had his employment contract terminated on notice while disciplinary proceedings regarding his alleged absenteeism were still pending before an arbitrator. The applicant challenged this termination as unlawful, arguing the employer could not abandon disciplinary proceedings and terminate on notice instead.

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