Farai Katsande v Infrastructure Development Bank of Zimbabwe

[2016] ZWLC 260

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Case Details

Court

Labour Court

Date

13 May 2016

Citation

[2016] ZWLC 260

Judgment No.

LC/H/260/2016

Outcome

unknown

Case Type

Appeal

Bench

Presiding

E T Muchawa J

Full Bench

E T Muchawa J

Areas of Law

Labour lawEmployment disputesArbitration

Keywords

Unfair labour practiceJurisdictionLabour officerStatutory Instrument 15 of 2006National Employment Code of Conduct

Key Issues

{"issue_text":"Whether the arbitrator erred in determining it had no jurisdiction to entertain the matter under section 8(6) of SI 15 of 2006","issue_type":"procedural","dispositive":"yes","related_facts":"No internal appeal structure existed; appellant referred matter to labour officer instead of appealing to Labour Court"}
{"issue_text":"Whether section 94 of the Labour Act gives an arbitrator jurisdiction to hear the dispute","issue_type":"procedural","dispositive":"no","related_facts":"Appellant relied on section 98(9) claiming arbitrator has same powers as Labour Court"}

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Facts of the Case

Background

The appellant, a former senior loans officer, was dismissed for misconduct after being absent from work without permission. Instead of appealing to the Labour Court as advised, he referred the matter to a labour officer as an unfair labour practice. The matter went to compulsory arbitration where the arbitrator dismissed it for lack of jurisdiction, leading to this appeal.

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