Silver Anne Mungofa & 3 Ors v ZB Bank

[2014] ZWLC 1

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Case Details

Court

Labour Court

Date

31 January 2014

Citation

[2014] ZWLC 1

Judgment No.

LC/H/01/2014

Outcome

unknown

Case Type

Review

Bench

Presiding

D L Hove

Full Bench

D L Hove

Areas of Law

Labour lawRetrenchment procedures

Keywords

retrenchmentworks councilconsultationnatural justicesection 12C

Key Issues

{"issue_text":"Whether the retrenchment process complied with section 12C of the Labour Act requiring consultation with affected employees","issue_type":"procedural","dispositive":"yes","related_facts":"Works council did not attempt to secure agreement with employees; applicants were not consulted"}
{"issue_text":"Whether the failure to consult affected employees rendered the entire retrenchment process a nullity","issue_type":"law","dispositive":"yes","related_facts":"Section 12C(2) requires works council to secure agreement; natural justice requires hearing affected parties"}

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Facts of the Case

Background

ZB Bank retrenched several workers who challenged the process. The applicants, four retrenched employees, sought review alleging the retrenchment was procedurally flawed as they were denied the right to be heard and the works council failed to consult them as required by section 12C of the Labour Act.

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