TEL ONE (PVT) LIMITED v TAYIB MUTODZANISWA

LC/H/347/2013

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Case Details

Court

Labour Court

Date

16 August 2013

Citation

LC/H/347/2013

Neutral Citation

[2013] ZWLC 347

Outcome

unknown

Case Type

Appeal

Bench

Presiding

E. Makamure

Full Bench

E. Makamure

Areas of Law

Labour LawEmployment Disputes

Keywords

dismissalreinstatementNational Hearing CommitteeSection 92Eappeal procedure

Tags

internal appealreinstatementcompliance

legislation

Statutes Cited

Immigration Act 1971
Immigration and Asylum Act 1999
Nationality, Immigration and Asylum Act 2002
Human Rights Act 1998
European Convention on Human Rights
Prison Act 1952
Prison Rules 1999 (SI 1999/728)
Immigration (European Economic Area) Regulations 2000 (SI 2000/2326)
Immigration (Leave to Enter and Remain) Order 2000 (SI 2000/1161)
Immigration (Leave to Enter and Remain) (Amendment) Order 2002 (SI 2002/225)
Immigration (Leave to Enter and Remain) (Amendment) (No 2) Order 2002 (SI 2002/1243)
Immigration (Leave to Enter and Remain) (Amendment) (No 3) Order 2002 (SI 2002/1868)
Immigration (Leave to Enter and Remain) (Amendment) (No 4) Order 2002 (SI 2002/2358)
Immigration (Leave to Enter and Remain) (Amendment) (No 5) Order 2002 (SI 2002/3178)
Immigration (Leave to Enter and Remain) (Amendment) Order 2003 (SI 2003/531)
Immigration (Leave to Enter and Remain) (Amendment) (No 2) Order 2003 (SI 2003/1248)
Immigration (Leave to Enter and Remain) (Amendment) (No 3) Order 2003 (SI 2003/1878)
Immigration (Leave to Enter and Remain) (Amendment) (No 4) Order 2003 (SI 2003/2458)
Immigration (Leave to Enter and Remain) (Amendment) Order 2004 (SI 2004/421)
Immigration (Leave to Enter and Remain) (Amendment) (No 2) Order 2004 (SI 2004/1249)
Immigration (Leave to Enter and Remain) (Amendment) (No 3) Order 2004 (SI 2004/1978)
Immigration (Leave to Enter and Remain) (Amendment) (No 4) Order 2004 (SI 2004/2668)
Immigration (Leave to Enter and Remain) (Amendment) Order 2005 (SI 2005/115)
Immigration (Leave to Enter and Remain) (Amendment) (No 2) Order 2005 (SI 2005/1069)
Immigration (Leave to Enter and Remain) (Amendment) (No 3) Order 2005 (SI 2005/1721)
Immigration (Leave to Enter and Remain) (Amendment) (No 4) Order 2005 (SI 2005/2258)
Immigration (Leave to Enter and Remain) (Amendment) Order 2006 (SI 2006/123)
Immigration (Leave to Enter and Remain) (Amendment) (No 2) Order 2006 (SI 2006/1068)
Immigration (Leave to Enter and Remain) (Amendment) (No 3) Order 2006 (SI 2006/1789)
Immigration (Leave to Enter and Remain) (Amendment) (No 4) Order 2006 (SI 2006/2837)
Immigration (Leave to Enter and Remain) (Amendment) Order 2007 (SI 2007/322)
Immigration (Leave to Enter and Remain) (Amendment) (No 2) Order 2007 (SI 2007/1082)
Immigration (Leave to Enter and Remain) (Amendment) (No 3) Order 2007 (SI 2007/1823)
Immigration (Leave to Enter and Remain) (Amendment) (No 4) Order 2007 (SI 2007/2978)
Immigration (Leave to Enter and Remain) (Amendment) Order 2008 (SI 2008/149)
Immigration (Leave to Enter and Remain) (Amendment) (No 2) Order 2008 (SI 2008/1056)
Immigration (Leave to Enter and Remain) (Amendment) (No 3) Order 2008 (SI 2008/1942)
Immigration (Leave to Enter and Remain) (Amendment) (No 4) Order 2008 (SI 2008/3104)
Immigration (Leave to Enter and Remain) (Amendment) Order 2009 (SI 2009/116)
Immigration (Leave to Enter and Remain) (Amendment) (No 2) Order 2009 (SI 2009/1021)
Immigration (Leave to Enter and Remain) (Amendment) (No 3) Order 2009 (SI 2009/1789)
Immigration (Leave to Enter and Remain) (Amendment) (No 4) Order 2009 (SI 2009/3158)
Immigration (Leave to Enter and Remain) (Amendment) Order 2010 (SI 2010/99)
Immigration (Leave to Enter and Remain) (Amendment) (No 2) Order 2010 (SI 2010/1158)
Immigration (Leave to Enter and Remain) (Amendment) (No 3) Order 2010 (SI 2010/1943)
Immigration (Leave to Enter and Remain) (Amendment) (No 4) Order 2010 (SI 2010/2978)
Immigration (Leave to Enter and Remain) (Amendment) Order 2011 (SI 2011/141)
Immigration (Leave to Enter and Remain) (Amendment) (No 2) Order 2011 (SI 2011/1145)
Immigration (Leave to Enter and Remain) (Amendment) (No 3) Order 2011 (SI 2011/1889)
Immigration (Leave to Enter and Remain) (Amendment) (No 4) Order 2011 (SI 2011/3076)
Immigration (Leave to Enter and Remain) (Amendment) Order 2012 (SI 2012/154)
Immigration (Leave to Enter and Remain) (Amendment) (No 2) Order 2012 (SI 2012/1156)
Immigration (Leave to Enter and Remain) (Amendment) (No 3) Order 2012 (SI 2012/1945)
Immigration (Leave to Enter and Remain) (Amendment) (No 4) Order 2012 (SI 2012/3154)
Immigration (Leave to Enter and Remain) (Amendment) Order 2013 (SI 2013/115)
Immigration (Leave to Enter and Remain) (Amendment) (No 2) Order 2013 (SI 2013/1056)
Immigration (Leave to Enter and Remain) (Amendment) (No 3) Order 2013 (SI 2013/1789)
Immigration (Leave to Enter and Remain) (Amendment) (No 4) Order 2013 (SI 2013/2978)
Immigration (Leave to Enter and Remain) (Amendment) Order 2014 (SI 2014/149)
Immigration (Leave to Enter and Remain) (Amendment) (No 2) Order 2014 (SI 2014/1056)
Immigration (Leave to Enter and Remain) (Amendment) (No 3) Order 2014 (SI 2014/1942)
Immigration (Leave to Enter and Remain) (Amendment) (No 4) Order 2014 (SI 2014/3104)
Immigration (Leave to Enter and Remain) (Amendment) Order 2015 (SI 2015/116)
Immigration (Leave to Enter and Remain) (Amendment) (No 2) Order 2015 (SI 2015/1021)
Immigration (Leave to Enter and Remain) (Amendment) (No 3) Order 2015 (SI 2015/1789)
Immigration (Leave to Enter and Remain) (Amendment) (No 4) Order 2015 (SI 2015/3158)
Immigration (Leave to Enter and Remain) (Amendment) Order 2016 (SI 2016/99)
Immigration (Leave to Enter and Remain) (Amendment) (No 2) Order 2016 (SI 2016/1158)
Immigration (Leave to Enter and Remain) (Amendment) (No 3) Order 2016 (SI 2016/1943)
Immigration (Leave to Enter and Remain) (Amendment) (No 4) Order 2016 (SI 2016/2978)
Immigration (Leave to Enter and Remain) (Amendment) Order 2017 (SI 2017/141)
Immigration (Leave to Enter and Remain) (Amendment) (No 2) Order 2017 (SI 2017/1145)
Immigration (Leave to Enter and Remain) (Amendment) (No 3) Order 2017 (SI 2017/1889)
Immigration (Leave to Enter and Remain) (Amendment) (No 4) Order 2017 (SI 2017/3076)
Immigration (Leave to Enter and Remain) (Amendment) Order 2018 (SI 2018/154)
Immigration (Leave to Enter and Remain) (Amendment) (No 2) Order 2018 (SI 2018/1156)
Immigration (Leave to Enter and Remain) (Amendment) (No 3) Order 2018 (SI 2018/1945)
Immigration (Leave to Enter and Remain) (Amendment) (No 4) Order 2018 (SI 2018/3154)
Immigration (Leave to Enter and Remain) (Amendment) Order 2019 (SI 2019/115)
Immigration (Leave to Enter and Remain) (Amendment) (No 2) Order 2019 (SI 2019/1056)
Immigration (Leave to Enter and Remain) (Amendment) (No 3) Order 2019 (SI 2019/1789)
Immigration (Leave to Enter and Remain) (Amendment) (No 4) Order 2019 (SI 2019/2978)
Immigration (Leave to Enter and Remain) (Amendment) Order 2020 (SI 2020/149)
Immigration (Leave to Enter and Remain) (Amendment) (No 2) Order 2020 (SI 2020/1056)
Immigration (Leave to Enter and Remain) (Amendment) (No 3) Order 2020 (SI 2020/1942)
Immigration (Leave to Enter and Remain) (Amendment) (No 4) Order 2020 (SI 2020/3104)
Immigration (Leave to Enter and Remain) (Amendment) Order 2021 (SI 2021/116)
Immigration (Leave to Enter and Remain) (Amendment) (No 2) Order 2021 (SI 2021/1021)
Immigration (Leave to Enter and Remain) (Amendment) (No 3) Order 2021 (SI 2021/1789)
Immigration (Leave to Enter and Remain) (Amendment) (No 4) Order 2021 (SI 2021/3158)
Immigration (Leave to Enter and Remain) (Amendment) Order 2022 (SI 2022/99)
Immigration (Leave to Enter and Remain) (Amendment) (No 2) Order 2022 (SI 2022/1158)
Immigration (Leave to Enter and Remain) (Amendment) (No 3) Order 2022 (SI 2022/1943)
Immigration (Leave to Enter and Remain) (Amendment) (No 4) Order 2022 (SI 2022/2978)
Immigration (Leave to Enter and Remain) (Amendment) Order 2023 (SI 2023/141)
Immigration (Leave to Enter and Remain) (Amendment) (No 2) Order 2023 (SI 2023/1145)
Immigration (Leave to Enter and Remain) (Amendment) (No 3) Order 2023 (SI 2023/1889)
Immigration (Leave to Enter and Remain) (Amendment) (No 4) Order 2023 (SI 2023/3076)

ai analysis

Case Summary

Key Issues

{"issue_text":"Must an employer comply with an internal appeal decision ordering reinstatement before approaching the Labour Court?","issue_type":"procedural","dispositive":"yes","related_facts":"Appellant appealed without complying with reinstatement order"}

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background

Facts of the Case

Background

The respondent employee was dismissed by appellant employer. The internal appeal process reversed the dismissal and ordered reinstatement with written warnings. The appellant appealed to the Labour Court without first complying with the reinstatement order.

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