Methodist Church in Zimbabwe v Jabulani Nyathi

[2016] ZWLC 272

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Case Details

Court

Labour Court

Date

14 March 2016

Citation

[2016] ZWLC 272

Judgment No.

LC/H/272/2016

Outcome

unknown

Case Type

Appeal

Bench

Presiding

L.M. Murasi

Full Bench

L.M. Murasi

Areas of Law

Labour lawUnfair dismissalArbitration

Keywords

MisconductDisciplinary committeeArbitral awardReinstatementOnus of proof

Key Issues

{"issue_text":"Whether the arbitrator erred by dealing with issues not referred to him for determination","issue_type":"procedural","dispositive":"no","related_facts":"Terms of reference dispute"}
{"issue_text":"Whether the arbitrator properly found appellant failed to prove misconduct on balance of probabilities","issue_type":"mixed","dispositive":"yes","related_facts":"Evidence adduced, witness testimony, burden of proof"}
{"issue_text":"Whether the arbitrator erred in ordering reinstatement","issue_type":"law","dispositive":"no","related_facts":"Finding of unlawful dismissal"}

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background

Facts of the Case

Background

The appellant employed the respondent who was subjected to disciplinary proceedings for alleged misconduct. The disciplinary committee found him guilty and ordered his transfer and reduction in rank. The matter went to arbitration where the arbitrator found in favour of the respondent, ordering reinstatement or damages in lieu. The appellant appealed to the Labour Court.

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