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Labour Court

Samuel Mahlupeka & 2 Ors v Hatcliffe High School Development Association

[2020] ZWLC 184

Case Details

Court
Labour Court
Date
28 February 2020
Citation
[2020] ZWLC 184
Judgment No.
LC/H/184/2020
Outcome
unknown
Case Type
Review

Bench

Presiding
L. Hove
Full Bench
L. Hove
Areas of Law
Labour lawProcedural law
Keywords
Functus officioDesignated agentJurisdictionProcedural irregularity
Tags
Disciplinary proceedingsTrade union representationFunctus officio
legislation
Statutes Cited
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ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether a designated agent can withdraw a ruling already issued and substitute it with a contradictory one","issue_type":"procedural","dispositive":"yes","related_facts":"Two contradictory rulings issued; first ruling withdrawn by letter"}
  • {"issue_text":"Whether the doctrine of functus officio applies to designated agents' decisions","issue_type":"law","dispositive":"yes","related_facts":"Designated agent issued two rulings on same matter"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicants, employees of Hatcliffe High School Development Association, were dismissed in 2012 after abandoning disciplinary proceedings when their chosen trade union representative was denied representation rights. After obtaining a favorable ruling from NECWEI in 2014, they referred the dispute to NEC ZSDA/C where the designated agent issued two contradictory rulings - first favorable to applicants in September 2018, then favorable to respondent in February 2019, claiming the first was issued in error.
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