Innocent Muluswela v Coca Cola Central Africa

[2016] ZWLC 246

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Case Details

Court

Labour Court

Date

13 May 2016

Citation

[2016] ZWLC 246

Judgment No.

LC/H/246/2016

Outcome

unknown

Case Type

Condonation Application

Bench

Presiding

D L Hove J

Full Bench

D L Hove J

Areas of Law

Labour LawEmployment Disciplinary Procedures

Keywords

condonationdual appealreviewemployment codeSI 15/2006Labour Court jurisdiction

Key Issues

{"issue_text":"Whether the applicant should be granted condonation to file a dual appeal and review out of time","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant is out of time to challenge dismissal"}
{"issue_text":"Whether a dual appeal and review application is permissible under Labour Court rules","issue_type":"procedural","dispositive":"yes","related_facts":"Rules provide separately for appeals and reviews"}
{"issue_text":"Whether appeals under SI 15/2006 lie to the Labour Court","issue_type":"law","dispositive":"yes","related_facts":"SI 15/2006 provides for appeal to Labour Officer, not Labour Court"}

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background

Facts of the Case

Background

The applicant, a quality environmental and safety manager at Coca Cola Central Africa, was dismissed after disciplinary proceedings. Initially, the employer used an unregistered Code of Business Conduct, leading to an arbitrator setting aside the proceedings. The employer then proceeded under SI 15/2006, found the applicant guilty, and dismissed him. The applicant sought condonation to file a dual appeal and review out of time.

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