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Labour Court
Mashonaland Tobacco Company (Pvt) Ltd v Michael Nyatanga
[2024] ZWLC …/25
Case Details
Court
Labour Court
Date
24 October 2024
Citation
[2024] ZWLC …/25
Judgment No.
LC/H/…/25
Outcome
unknown
Case Type
Appeal and Cross-Appeal
Bench
Presiding
Kudya J
Full Bench
Kudya J
Areas of Law
Labour lawUnfair dismissalArbitration review
Keywords
Disciplinary hearingProcedural fairnessSubstantive fairnessReinstatementArbitrator’s award
Tags
Disciplinary proceedingsArbitrationReinstatementCross-appeal
legislation
Statutes Cited
- Labour Code (specific name not stated)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Did the arbitrator misdirect herself by ordering reinstatement despite finding misconduct went to the root of the contract?","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator found procedural and substantive flaws, ordered reinstatement"}
- {"issue_text":"Did the arbitrator misdirect herself on the facts in finding that evidence proved misconduct under Section 4(a) of the Code?","issue_type":"mixed","dispositive":"yes","related_facts":"Employee charged with incompetence, arbitrator assessed evidence"}
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background
Facts of the Case
Background
Employee dismissed for alleged incompetence; arbitrator found procedural and substantive flaws, set aside dismissal and ordered reinstatement; employer appealed, employee cross-appealed.
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