Pardon Munemo v C.P.S. Africa (Private) Limited

[2014] ZWLC 815

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Case Details

Court

Labour Court

Date

5 December 2014

Citation

[2014] ZWLC 815

Judgment No.

LC/H/815/14

Outcome

unknown

Case Type

Appeal

Bench

Presiding

G. Mhuri

Full Bench

G. Mhuri

Areas of Law

Labour lawUnfair dismissalArbitration appeals

Keywords

unfair dismissalarbitral awardprocedural fairnesssubstantive fairnessdisciplinary hearing

Key Issues

{"issue_text":"Whether the arbitrator erred in finding that the dismissal was substantively fair","issue_type":"law","dispositive":"yes","related_facts":"Appellant charged with unsatisfactory work performance; employer provided examples of poor performance"}
{"issue_text":"Whether procedural irregularities in the disciplinary hearing vitiated the proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Minutes of disciplinary proceedings were scanty; hearing officer explained charges; appellant pleaded not guilty"}
{"issue_text":"Whether the documents presented to the arbitrator were fabricated","issue_type":"fact","dispositive":"no","related_facts":"Appellant claimed all documents were fabrication; arbitrator relied on documents"}

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Facts of the Case

Background

The appellant was dismissed by his employer for unsatisfactory work performance. He referred the matter to arbitration alleging unfair dismissal. The arbitrator found the dismissal was fair based on documentary evidence of disciplinary proceedings. The appellant appealed to the Labour Court claiming no hearing was held and all documents were fabricated.

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