Stella Shonhiwa v City of Harare

[2013] ZWLC 70

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Case Details

Court

Labour Court

Date

1 March 2013

Citation

[2013] ZWLC 70

Judgment No.

LC/H/70/2013

Outcome

unknown

Case Type

Application

Bench

Presiding

B.T. Chivizhe

Full Bench

B.T. Chivizhe

Areas of Law

Labour lawDisciplinary procedures

Keywords

SuspensionGrievance handlingDisciplinary hearingCode of Conduct

Key Issues

{"issue_text":"Whether the applicant was validly suspended thereby entitling her to reinstatement or damages","issue_type":"mixed","dispositive":"no","related_facts":"Memo of 23 Feb 2009; absence of suspension letter; no disciplinary hearing"}
{"issue_text":"Whether the application is premature for failure to exhaust internal grievance procedures","issue_type":"procedural","dispositive":"yes","related_facts":"Code of Conduct grievance stages; Council/Appeals Committee available"}

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background

Facts of the Case

Background

The applicant, employed as Operator 2 by City of Harare since 1993, stopped reporting for duty in February 2009 after being barred by a departmental memo. She never received a suspension letter or faced disciplinary hearing. In 2012 she requested documents relating to her alleged disciplinary case and, receiving none, applied to the Labour Court for an order compelling production of those documents or reinstatement/damages in lieu.

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