Tinotenda Munzvekure v Zimbabwe National Roads Administration

JUDGMENT NO. LC/H/339/24

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Case Details

Court

Labour Court

Date

19 August 2024

Citation

JUDGMENT NO. LC/H/339/24

Neutral Citation

[2024] ZWLC 339

Judgment No.

LC/H/339/24

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Chivizhe, J

Full Bench

Chivizhe, J

Areas of Law

Labour LawAdministrative Law

Keywords

JurisdictionLabour Amendment Act 2023Section 101(5)Internal Appeals CommitteeMero Motu

Key Issues

{"issue_text":"Whether the Labour Court has jurisdiction to entertain an appeal against a determination of an internal appeals committee where the appeal was filed after the amendment of Section 101(5) of the Labour Act","issue_type":"procedural","dispositive":"yes","related_facts":"The amendment of Section 101(5) by Labour Amendment Act 2023; the appeal was filed on 8th February 2024; the appellant was disciplined under a Code of Conduct"}
{"issue_text":"Whether the court can raise a jurisdictional point mero motu after judgment has been reserved","issue_type":"procedural","dispositive":"yes","related_facts":"The court raised the jurisdictional issue after reserving judgment on the merits"}

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Facts of the Case

Background

The appellant was disciplined under a Code of Conduct and noted an appeal against the determination of the internal appeals committee on 8th February 2024. The Labour Court, after hearing arguments on the merits, raised a jurisdictional issue mero motu regarding whether it could entertain the appeal directly under the amended Section 101(5) of the Labour Act. The appellant failed to address the jurisdictional point despite being given opportunities to file supplementary heads and present oral arguments.

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