Nickson Mashiri v Cresta Poultry Group t/a Agrifoods and Others

LC/H/281/14

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Case Details

Court

Labour Court

Date

23 May 2014

Citation

LC/H/281/14

Neutral Citation

[2014] ZWLC 281

Outcome

unknown

Case Type

Application

Bench

Presiding

G. Mhuri

Full Bench

G. Mhuri

Areas of Law

Labour LawProcedural FairnessConstitutional Rights

Keywords

Disciplinary hearingLegal representationNullificationFair trialLabour Court jurisdiction

Key Issues

{"issue_text":"Whether the Labour Court has jurisdiction to entertain an application for nullification of disciplinary proceedings not brought under Section 89 of the Labour Act or any other enactment.","issue_type":"procedural","dispositive":"yes","related_facts":"The nature of the application and failure to follow review procedure"}
{"issue_text":"Whether the applicant’s constitutional right to legal representation was violated during the disciplinary proceedings.","issue_type":"constitutional","dispositive":"no","related_facts":"Proceeding without legal representation despite request"}

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Facts of the Case

Background

The applicant, Nickson Mashiri, was charged with misconduct and attended a disciplinary hearing on 20 February 2014. The hearing was postponed to 26 February 2014, but his legal practitioner could not attend and requested a further postponement. The request was denied, the hearing proceeded in his lawyer’s absence, and he was dismissed. He then applied to the Labour Court to nullify the proceedings, arguing a violation of his constitutional right to legal representation.

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