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Labour Court

Regai Rakata v Murowa Diamonds

LC/H/427/13

Case Details

Court
Labour Court
Date
26 June 2013
Citation
LC/H/427/13
Neutral Citation
[2013] ZWLC 427
Outcome
unknown
Case Type
Point in Limine

Bench

Presiding
L. Hove
Author
Hove J
Full Bench
L. Hove
Areas of Law
Labour LawDisciplinary LawProcedural Law
Keywords
Point in limineCode of ConductDisciplinary hearingProcedural irregularityPrejudiceMining Industry
Tags
Point in limineCode of ConductDisciplinary proceedingsProcedural irregularity
legislation
Statutes Cited
  • Code of Conduct (Collective Bargaining Agreement: Mining Industry)
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether error in citing wrong subparagraph of Code of Conduct vitiates disciplinary proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"Charge cited s 3(a)(i) but particulars alleged s 3(a)(ii), hearing officer found guilty under s 3(a)(ii)"}
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background
Facts of the Case

Background

The applicant was charged with misconduct under s 3(a)(i) of the Code of Conduct for failing to follow established procedures, but was found guilty under s 3(a)(ii). The disciplinary hearing officer found him guilty of failing to follow laid down procedures, which is an offence under s 3(a)(ii), not s 3(a)(i) as cited in the charge.
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