First Capital Bank v Norbert Nyamhuri

[2020] ZWLC 18

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Case Details

Court

Labour Court

Date

24 January 2020

Citation

[2020] ZWLC 18

Judgment No.

LC/H/18/2020

Outcome

unknown

Case Type

Appeal

Bench

Presiding

L. Hove

Full Bench

L. Hove

Areas of Law

Labour lawEmployment lawDisciplinary proceedings

Keywords

Audi alteram partemProcedural fairnessWritten submissionsMitigationAppeals board

Key Issues

{"issue_text":"Whether appeals board has powers of review","issue_type":"procedural","dispositive":"no","related_facts":"Appeals board considered procedural irregularities"}
{"issue_text":"Whether Respondent was heard","issue_type":"procedural","dispositive":"yes","related_facts":"Agreement to file written submissions, decision made before submissions received"}
{"issue_text":"Whether Respondent given opportunity to file written submissions","issue_type":"procedural","dispositive":"yes","related_facts":"Agreement that submissions would be filed, record to be provided first"}
{"issue_text":"Whether appeals board should have heard mitigation itself rather than remit","issue_type":"procedural","dispositive":"no","related_facts":"Multiple procedural irregularities identified"}

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background

Facts of the Case

Background

The respondent employee was dismissed for misconduct. She appealed to the Grievance and Disciplinary Committee which deadlocked, then to the appeals board which found procedural irregularities including breach of audi alteram partem rule and failure to allow mitigation, and remitted the matter for rehearing. The employer appealed this decision.

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