Elliot Kasu v Zimbabwe Broadcasting Corporation

LC/H/656/2016

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Case Details

Court

Labour Court

Date

21 October 2016

Citation

LC/H/656/2016

Neutral Citation

[2016] ZWLC 656

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Manyangadze J

Full Bench

Manyangadze J

Areas of Law

Labour LawDisciplinary Proceedings

Keywords

misconductdisciplinary hearingmissing documentsfunctus officiorecord completeness

Key Issues

{"issue_text":"Whether missing documents from the disciplinary record vitiate the entire proceedings such that the appeal should be allowed without considering the merits","issue_type":"procedural","dispositive":"yes","related_facts":"Documents missing from record; both parties possess copies; Hearing Officer's judgment references missing documents"}

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Facts of the Case

Background

The appellant, a former General Manager Finance at Zimbabwe Broadcasting Holdings, was found guilty of misconduct by a disciplinary hearing officer. His employment was terminated, and he appealed to the Labour Court. Before the appeal could be heard on merits, the appellant raised a point in limine claiming certain documents were missing from the disciplinary record, which he argued vitiated the entire proceedings.

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