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Labour Court

Patience Magodo v Ken Chitando N.O. and Central Africa Building Society

[2014] ZWLC 485

Case Details

Court
Labour Court
Date
21 July 2014
Citation
[2014] ZWLC 485
Judgment No.
LC/H/485/2014
Outcome
unknown
Case Type
Application

Bench

Presiding
F.C. Maxwell
Full Bench
F.C. Maxwell
Areas of Law
Labour lawAdministrative law
Keywords
domestic remediesexhaustion of remediesprocedural irregularityunfair labour practicereinstatement
Tags
unfair dismissaldomestic remediesprocedural irregularitiesconstitutional rights
legislation
Statutes Cited
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether applicant was required to exhaust domestic remedies before approaching the Labour Court","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant did not appeal to internal appeals officer within 7 days"}
  • {"issue_text":"Whether domestic remedies under National Code of Conduct could address procedural irregularities","issue_type":"mixed","dispositive":"no","related_facts":"Applicant alleged procedural irregularities in second disciplinary hearing"}
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background
Facts of the Case

Background

The applicant was employed by the 2nd respondent and was dismissed following disciplinary proceedings. After an arbitration award ordered her reinstatement, a second disciplinary hearing was conducted in her absence resulting in another dismissal. She approached the Labour Court alleging procedural irregularities and constitutional rights violations.
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