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Supreme Court

Hurungwe Rural District Council v Joram Misheck Moyo & 2 Ors

SC 42/24

Case Details

Court
Supreme Court
Date
10 May 2022
Citation
SC 42/24
Neutral Citation
[2024] ZWSC 42
Outcome
unknown
Case Type
Appeal

Bench

Presiding
CHITAKUNYE JA
Full Bench
GUVAVA JACHIWESHE JACHITAKUNYE JA
Areas of Law
Labour lawDisciplinary proceduresEmployment codes of conduct
Keywords
Model codeInternal codeSuperseded codeSenior managersDisciplinary authority
Tags
Disciplinary hearingCode of conductSenior managersModel code
legislation
Statutes Cited
  • Labour Act
  • Labour Act
  • Criminal Law (Codification and Reform) Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the court a quo erred in finding that the appellant should have used its internal code instead of the Model Code","issue_type":"law","dispositive":"yes","related_facts":"Internal code not approved by NEC, NEC code didn't cover respondents' grades, internal code silent on senior manager discipline"}
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background
Facts of the Case

Background

Three senior managers were dismissed using the Model Code after being acquitted of criminal charges. The Labour Court set aside their dismissal, ruling that the employer should have used its internal code. The employer appealed, arguing the internal code was superseded and inapplicable to senior managers who constituted the disciplinary authority.
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