NICHOLAS KHUMBULA TSHILI vs SIMON WILLIE N.O. and T.M. SUPERMARKET (PVT) LTD

HB 78/19

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Case Details

Court

Bulawayo High Court

Date

15 May 2019

Citation

HB 78/19

Neutral Citation

[2019] ZWHB 78

Outcome

unknown

Case Type

Application

Bench

Presiding

MAKONESE J

Full Bench

MAKONESE J

Areas of Law

Labour LawEmployment LawAdministrative Law

Keywords

Labour Officer jurisdictionDraft rulingCertificate of settlementLabour ActMisconduct dismissal

Key Issues

{"issue_text":"Whether the High Court has jurisdiction to compel a Labour Officer to complete a draft ruling","issue_type":"procedural","dispositive":"yes","related_facts":"Labour Officer found he lacked jurisdiction, applicant seeking court order"}
{"issue_text":"Whether the order sought has basis in law","issue_type":"law","dispositive":"yes","related_facts":"Draft order seeks to direct Labour Officer to complete ruling and issue certificate"}
{"issue_text":"Whether Labour Officer has jurisdiction over the matter","issue_type":"law","dispositive":"yes","related_facts":"Labour Officer previously found he lacked jurisdiction"}

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background

Facts of the Case

Background

Applicant Nicholas Khumbula Tshili was dismissed from employment as a section manager for misconduct involving failure to supervise stock counts, resulting in theft losses. After Labour Officer proceedings where jurisdiction was challenged, applicant sought court order compelling Labour Officer to complete draft ruling and issue certificate of settlement.

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