Steven Office v NEC Transport Operating Industry & Anor

[2014] ZWLC 447

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Case Details

Court

Labour Court

Date

23 June 2014

Citation

[2014] ZWLC 447

Judgment No.

LC/H/447/2014

Outcome

unknown

Case Type

Application

Bench

Presiding

E Muchawa

Full Bench

E Muchawa

Areas of Law

Labour LawEmployment Disputes

Keywords

unfair dismissalcertificate of no settlementdesignated agentlabour officersection 93(7) Labour Act

Key Issues

{"issue_text":"Whether section 93(7) of Labour Act applies to designated agents of employment councils","issue_type":"legal","dispositive":"no","related_facts":"Labour officer issued certificate of settlement; NECTOI refused to issue certificate of no settlement"}
{"issue_text":"Whether the relief sought by applicant is competent under section 93(7)","issue_type":"procedural","dispositive":"no","related_facts":"Applicant seeks reinstatement or damages in lieu of reinstatement"}

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Facts of the Case

Background

The applicant, a truck driver employed by the second respondent, was dismissed in September 2012 after a disciplinary hearing. He appealed to the National Employment Council for the Transport Operating Industry (NECTOI) but received no response. When he approached a labour officer in January 2013, the officer found he had no jurisdiction and issued a certificate of settlement. The applicant then brought this application under section 93(7) of the Labour Act seeking to compel NECTOI to issue a certificate of no settlement.

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