Faithful Masimba v City of Harare

Key Issues

• {"issue_text":"Whether the defence of res judicata is available to the Appellant","issue_type":"law","dispositive":"no","related_facts":"Previous arbitration award by C. Mesikano on suspension"}
• {"issue_text":"Whether the matter was dealt with out of time","issue_type":"procedural","dispositive":"no","related_facts":"Delay between 2008 misconduct and 2011 disciplinary proceedings"}
• {"issue_text":"Whether the Arbitrator erred in holding that technicalities should not be the deciding factors in labour matters","issue_type":"law","dispositive":"no","related_facts":"Alleged procedural defects in disciplinary hearing"}
• {"issue_text":"Whether the disciplinary proceedings were procedural and the determination to dismiss substantively fair","issue_type":"mixed","dispositive":"yes","related_facts":"Absenteeism from August 2008 to February 2009"}
• {"issue_text":"Whether the Arbitrator erred in ruling that the Appellant had no reasonable ground to absent herself from duty","issue_type":"fact","dispositive":"no","related_facts":"Appellant's absence without leave formalities"}

Background