FARAI KATSANDE & ZIMBABWE BANKS AND ALLIED WORKERS UNION v INFRASTRUCTURE DEVELOPMENT BANK OF ZIMBABWE

[2017] ZWCCZ 9

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Case Details

Court

Constitutional Court

Date

24 May 2017

Citation

[2017] ZWCCZ 9

Judgment No.

CCZ 9/17

Outcome

unknown

Case Type

Application

Bench

Presiding

CHIDYAUSIKU CJ

Author

GWAUNZA JCC

Full Bench

CHIDYAUSIKU CJMALABA DCJZIYAMBI JCCGWAUNZA JCCGARWE JCCGOWORA JCCHLATSHWAYO JCCGUVAVA JCCMAVANGIRA AJCC

Areas of Law

Constitutional LawLabour Law

Keywords

trade unionmanagerial employeeright to belongs 65(2) Constitutions 45(1)(b) Labour Act

Key Issues

{"issue_text":"Whether the application is properly before the Constitutional Court given pending Labour Court proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"Two cases pending in Labour Court regarding managerial employee status"}
{"issue_text":"Whether the application raises a constitutional question given that impugned conduct was based on extant legal provision","issue_type":"constitutional","dispositive":"yes","related_facts":"Respondent relied on s 45(1)(b) of Labour Act"}

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background

Facts of the Case

Background

First applicant, employed by respondent bank and elected Vice President then interim President of trade union, was denied permission to attend union activities based on respondent's view that he was a managerial employee and trade unions cannot represent employers. Disciplinary charges were laid when he attended union conferences without permission.

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