FOLLOWME TORONGA AND 3 OTHERS vs CITY OF HARARE

JUDGMENT NO. LC/H/697/13

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Case Details

Court

Labour Court

Date

17 January 2014

Citation

JUDGMENT NO. LC/H/697/13

Neutral Citation

[2014] ZWLC 697

Judgment No.

LC/H/697/13

Outcome

unknown

Case Type

Appeal

Bench

Presiding

The Honourable B.T. Chivizhe

Author

CHIVIZHE J.

Full Bench

The Honourable B.T. Chivizhe

Areas of Law

Employment LawLabour RelationsDisciplinary Procedures

Keywords

Unfair dismissalDisciplinary hearingProcedural irregularitiesArbitral awardLabour Court appeal

Key Issues

{"issue_text":"Whether the Arbitrator erred in failing to verify the correctness of disciplinary hearing minutes","issue_type":"procedural","dispositive":"no","related_facts":"Claims of tampering with minutes, exclusion of material facts, date errors"}
{"issue_text":"Whether the disciplinary hearings were tainted with fatal procedural irregularities","issue_type":"procedural","dispositive":"no","related_facts":"Alleged procedural defects in disciplinary proceedings"}
{"issue_text":"Whether the use of Statutory Instrument 17 of 2007 was valid given it was repealed","issue_type":"law","dispositive":"no","related_facts":"Charge based on repealed statute, misconduct occurred in 2008-2009"}

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background

Facts of the Case

Background

Former employees of City of Harare's Public Safety Department were dismissed after disciplinary proceedings. They challenged the dismissal through arbitration, claiming procedural irregularities and use of a repealed statute. The arbitrator found the dismissal substantially fair. The employees appealed to the Labour Court.

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