James North Zimbabwe (Pvt) Ltd v Washington Takaendesa

[2013] ZWLC 86

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Case Details

Court

Labour Court

Date

14 March 2013

Citation

[2013] ZWLC 86

Judgment No.

LC/H/86/13

Outcome

unknown

Case Type

Appeal

Bench

Presiding

G Musariri

Full Bench

G Musariri

Areas of Law

Labour lawDisciplinary procedures

Keywords

SuspensionCode of ConductNECRemittalDe novo hearing

Key Issues

{"issue_text":"Whether the NEC erred in interpreting the Code of Conduct provision on suspension as mandatory rather than permissive","issue_type":"law","dispositive":"yes","related_facts":"Employer did not suspend employee before disciplinary hearing"}
{"issue_text":"Whether employer can waive its right to suspend an employee","issue_type":"law","dispositive":"yes","related_facts":"Employer chose not to suspend employee"}

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background

Facts of the Case

Background

The respondent employee was dismissed for misconduct. He appealed to the NEC for the Clothing Industry, which determined that the employer had failed to follow the Code requirement to suspend an employee facing dismissal and remitted the matter for a fresh hearing. The employer appealed this determination.

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