Miriam Makwara v Kasipiti Children's Home

[2016] ZWLC 215

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Case Details

Court

Labour Court

Date

8 April 2016

Citation

[2016] ZWLC 215

Judgment No.

LC/H/215/16

Outcome

unknown

Case Type

Appeal

Bench

Presiding

R F Manyangadze

Full Bench

R F Manyangadze

Areas of Law

Labour lawDisciplinary proceduresNatural justice

Keywords

Disciplinary hearingSection 101(6) Labour ActProcedural irregularityAssaultOrphanageCaregiverArbitrationConciliation

Key Issues

{"issue_text":"Whether the arbitrator had jurisdiction where no internal disciplinary hearing was held and matter was referred directly to conciliation","issue_type":"procedural","dispositive":"no","related_facts":"No internal hearing held; matter referred to NEC on day of suspension"}
{"issue_text":"Whether procedural irregularity of referring matter directly to conciliation without awaiting 30 days vitiates the arbitral proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Section 101(6) requires 30-day period; referral made immediately"}
{"issue_text":"Whether the arbitrator erred in adding a charge of gross negligence mero motu","issue_type":"procedural","dispositive":"no","related_facts":"Original charge was assault; arbitrator added negligence charge"}

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background

Facts of the Case

Background

The appellant, a caregiver at Kasipiti Children's Home, was dismissed after allegedly assaulting a six-year-old child who had urinated in bed. She was criminally convicted of assault and the matter was referred to conciliation and arbitration without an internal disciplinary hearing being conducted.

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