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Labour Court
Keith Vitrino v Highlands Primary School Development Association & Anor
[2014] ZWLC 62
Case Details
Court
Labour Court
Date
14 February 2014
Citation
[2014] ZWLC 62
Judgment No.
LC/H/62/14
Outcome
unknown
Case Type
Review
Bench
Presiding
L.M. Murasi
Full Bench
L.M. Murasi
Areas of Law
Labour lawDisciplinary proceedingsReview procedure
Keywords
exhaustion of internal remediesprocedural irregularitiesprejudicereviewdismissal
Tags
internal remediesexhaustion of remediesprocedural irregularitiesreview application
legislation
Statutes Cited
- Murder (Abolition of Death Penalty) Act 1965
- European Convention on Human Rights (ECHR)
- Human Rights Act 1998
- Prison Act 1952
- Criminal Justice Act 1991
- Crime (Sentences) Act 1997
- Criminal Justice Act 1967
- Criminal Appeal Act 1968
- Criminal Justice Act 1988
- Criminal Justice and Public Order Act 1994
- Powers of Criminal Courts (Sentencing) Act 2000
- Criminal Justice Act 2003
- Prison Rules 1999 (SI 1999/728)
- Life Sentences (Northern Ireland) Order 1989
- Life Sentences (Northern Ireland) Order 2001
- Criminal Justice (Northern Ireland) Order 1984
- Criminal Justice (Northern Ireland) Order 1996
- Criminal Justice (Northern Ireland) Order 1998
- Criminal Justice (Northern Ireland) Order 1999
- Criminal Justice (Northern Ireland) Order 2001
- Criminal Justice (Northern Ireland) Order 2002
- Criminal Justice (Northern Ireland) Order 2003
- Criminal Justice (Northern Ireland) Order 2004
- Criminal Justice (Northern Ireland) Order 2005
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant had exhausted internal remedies before approaching court for review","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant filed review 29 November 2013, filed internal appeal 2 December 2013"}
- {"issue_text":"Whether applicant suffered prejudice from alleged procedural irregularities","issue_type":"procedural","dispositive":"yes","related_facts":"No evidence of prejudice presented"}
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background
Facts of the Case
Background
Applicant employed as Accounts Clerk by 1st respondent, suspended in June 2006 over allegations of misappropriation and incompetence. After arbitration in his favour and court order for disciplinary hearing, applicant was dismissed following hearing concluded 22 November 2013. Applicant sought review alleging procedural irregularities but had not exhausted internal remedies and pursued parallel appeal process.
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