Lifestyle Holdings v Ikabodi Chinyati

[2013] ZWLC 29

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Case Details

Court

Labour Court

Date

12 September 2013

Citation

[2013] ZWLC 29

Judgment No.

LC/H/29/14

Outcome

unknown

Case Type

Appeal

Bench

Presiding

L.F. Kudya

Full Bench

L.F. KudyaL.M. Murasi

Areas of Law

Labour lawEmployment disputes

Keywords

ReinstatementDisciplinary hearingLabour OfficerSection 101(6)Arbitral award

Key Issues

{"issue_text":"Whether arbitrator acted outside his terms of reference by deciding issues not before him","issue_type":"procedural","dispositive":"no","related_facts":"Arbitrator nullified disciplinary proceedings conducted after referral"}
{"issue_text":"Whether arbitrator misinterpreted Section 101(6) on what amounts to a referral","issue_type":"law","dispositive":"yes","related_facts":"Matter referred to Labour Officer before disciplinary hearing"}
{"issue_text":"Whether arbitrator erred in finding disciplinary hearing started 5th October 2012","issue_type":"fact","dispositive":"no","related_facts":"Different dates for commencement of disciplinary process"}

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background

Facts of the Case

Background

The respondent employee was suspended for alleged breach of code of conduct and referred the matter to a Labour Officer under section 101(6). The appellant employer then conducted disciplinary proceedings after the referral and dismissed the respondent. The arbitrator nullified these proceedings and ordered reinstatement. The appellant appealed against this arbitral award.

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