Hosea Jambwa v Grain Marketing Board

[2013] ZWHH 124

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Case Details

Court

Harare High Court

Date

5 April 2013

Citation

[2013] ZWHH 124

Judgment No.

HH 124-2013

Outcome

unknown

Case Type

Application

Bench

Presiding

Mathonsi J

Full Bench

Mathonsi J

Areas of Law

Labour lawEmployment disputes

Keywords

SuspensionDisciplinary hearingCode of ConductExhaustion of remediesLabour Court jurisdiction

Key Issues

{"issue_text":"Whether the High Court has jurisdiction to hear employment disputes where the Labour Act provides for exclusive Labour Court jurisdiction","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant seeks reinstatement based on alleged unlawful termination"}
{"issue_text":"Whether applicant exhausted domestic remedies before approaching court","issue_type":"procedural","dispositive":"yes","related_facts":"Code provides for appeal to Labour Court"}

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background

Facts of the Case

Background

The applicant, employed by the respondent since 2003 as a depot messenger, was suspended without salary on 14 August 2011 and subjected to disciplinary proceedings. After a hearing on 3 October 2011, he was found guilty of misconduct and given a final written warning, but the General Manager upheld an appeal and dismissed him. The applicant approached the High Court seeking to declare the disciplinary process null and void for alleged breaches of the Code of Conduct.

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