Mashoko Mabgahazara v The Cotton Company of Zimbabwe Limited

[2013] ZWLC 90

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Case Details

Court

Labour Court

Date

27 February 2013

Citation

[2013] ZWLC 90

Judgment No.

LC/H/90/13

Outcome

unknown

Case Type

Review

Bench

Presiding

E.F. Ndewere

Full Bench

E.F. Ndewere

Areas of Law

Labour LawDisciplinary Proceedings

Keywords

disciplinary hearingbiasprocedural irregularitywalkoutreview application

Key Issues

{"issue_text":"Whether the disciplinary committee was biased due to Managing Director's email","issue_type":"mixed","dispositive":"no","related_facts":"Email stating hearing was \"pending dismissal\""}
{"issue_text":"Whether committee erred in proceeding to merits before ruling on bias objection","issue_type":"procedural","dispositive":"no","related_facts":"Committee ruled on objection then proceeded"}
{"issue_text":"Whether hearing was irregular for proceeding in applicant's absence","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant left after committee ruled it would proceed"}
{"issue_text":"Whether appeal authority was biased","issue_type":"mixed","dispositive":"no","related_facts":"Appeal authority not copied on email"}

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Facts of the Case

Background

The applicant, a Cottco Business Manager, was dismissed after disciplinary proceedings. He challenged the proceedings alleging bias and procedural irregularities, including that the committee proceeded in his absence after he walked out claiming unfairness.

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