First Capital Bank v Nobert Nyamhuri

Key Issues

• {"issue_text":"Did the Labour Court misdirect itself in holding that the NEC Appeals Board has power to determine challenges based on procedural irregularities?","issue_type":"law","dispositive":"yes","related_facts":"The statutory mandate of the NEC Appeals Board under section 62 of the Labour Act; the nature of procedural vs. substantive disputes"}
• {"issue_text":"Was there a gross misdirection in the Labour Court’s finding that the respondent was denied an opportunity to file submissions?","issue_type":"mixed","dispositive":"yes","related_facts":"The existence and fulfillment of a condition precedent for filing submissions; the hearing officer’s actions"}
• {"issue_text":"Did the Labour Court misdirect itself in finding that the NEC Appeals Board properly exercised its discretion in remitting the matter?","issue_type":"law","dispositive":"yes","related_facts":"The Board’s discretion under the Labour Act; the nature of the procedural irregularity (breach of audi alteram partem)"}

Background