S. Sibanda and 16 Others v Trentyre Private Limited

[2013] ZWLC 134

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Case Details

Court

Labour Court

Date

17 January 2013

Citation

[2013] ZWLC 134

Judgment No.

LC/H/134/13

Outcome

unknown

Case Type

Appeal

Bench

Presiding

L. Hove

Full Bench

L. Hove

Areas of Law

Labour lawDisciplinary proceedings

Keywords

unlawful strikeworkers committeedisciplinary committeemitigationbias

Key Issues

{"issue_text":"Whether there was an appeal properly before the Court","issue_type":"procedural","dispositive":"no","related_facts":"Appeal noted after NEC decision, grounds of appeal in Annexure A"}
{"issue_text":"Whether the strike was unlawful","issue_type":"mixed","dispositive":"yes","related_facts":"Strike allegedly in defence of Workers Committee, no compliance with legal requirements"}
{"issue_text":"Whether the disciplinary committee was properly constituted","issue_type":"procedural","dispositive":"no","related_facts":"Committee composed only of employer's representatives"}
{"issue_text":"Whether mitigation was considered before penalty","issue_type":"procedural","dispositive":"no","related_facts":"No mitigation considered before sentence"}

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Facts of the Case

Background

Seventeen employees engaged in collective job action and were dismissed after disciplinary proceedings. They appealed to the National Employment Council which dismissed their appeal without reasons. They then appealed to the Labour Court.

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