Radius Madaza v L Vheremu N.O. & Swiss Motors (Pvt) Ltd

LC/H/82/24

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Case Details

Court

Labour Court

Date

19 February 2024

Citation

LC/H/82/24

Neutral Citation

[2024] ZWLC 82

Outcome

unknown

Case Type

Review

Bench

Presiding

G. Musariri

Full Bench

G. Musariri

Areas of Law

Labour LawEmployment Law

Keywords

unfair dismissaldesignated agentreviewabsenteeismprocedural fairnesshearingrepudiation

Key Issues

{"issue_text":"Whether the Designated Agent erred by ignoring mandatory statutory provisions requiring disciplinary hearing before dismissal for misconduct","issue_type":"law","dispositive":"yes","related_facts":"Employee dismissed for absenteeism; no hearing conducted"}
{"issue_text":"Whether the termination was procedurally fair","issue_type":"procedural","dispositive":"yes","related_facts":"Employer failed to conduct inquiry as required by code"}

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background

Facts of the Case

Background

The applicant employee was dismissed for absenteeism from 3-10 January 2023. The employer claimed the employee repudiated his contract by failing to report for duty for more than 5 consecutive days. The Designated Agent dismissed the employee's claim, finding the termination lawful. The employee applied for review of this determination.

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