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Labour Court
Power Speed Electrical v Member Nyanhi & 2 Ors
[2013] ZWLC 17
Case Details
Court
Labour Court
Date
22 February 2013
Citation
[2013] ZWLC 17
Judgment No.
LC/H/17/2013
Outcome
unknown
Case Type
Appeal
Bench
Presiding
L. Matanda-Moyo
Full Bench
L. Matanda-Moyo
Areas of Law
Labour lawDisciplinary procedures
Keywords
reinstatementdismissalNational Employment Councildisciplinary committeeappeal rights
Tags
appeal against reinstatementdisciplinary proceedingscollective bargaining agreement
legislation
Statutes Cited
- Labour Act (No information on chapter reference given)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Does the employer have a right of appeal against NEC decision under the Collective Bargaining Agreement?","issue_type":"procedural","dispositive":"yes","related_facts":"Section 7 of CBA only provides for employee right of appeal"}
- {"issue_text":"Whether the NEC erred in finding that the Managing Director cancelled the work instruction","issue_type":"factual","dispositive":"no","related_facts":"Managing Director was not party to negotiations"}
- {"issue_text":"Whether respondents disobeyed a lawful order to work on Sunday","issue_type":"factual","dispositive":"no","related_facts":"Instruction was given then cancelled"}
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background
Facts of the Case
Background
The respondents, employees of Power Speed Electrical, were dismissed for refusing to work on Sunday 19 September 2010. The National Employment Council reinstated them, finding they could not be guilty of failing to obey a lawful instruction when such instruction had been cancelled by the Managing Director.
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