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Labour Court
Travel House (PVT) LTD v Jacqueline Mawadza & Anor
JUDGMENT NO. LC/MC/13/2016
Case Details
Court
Labour Court
Date
20 May 2016
Citation
JUDGMENT NO. LC/MC/13/2016
Neutral Citation
[2016] ZWLC 13
Judgment No.
LC/MC/13/2016
Outcome
unknown
Case Type
Appeal
Bench
Presiding
L.M. Murasi
Author
MURASI J
Full Bench
L.M. Murasi
Areas of Law
Labour LawAdministrative Law
Keywords
section 124Labour ActCode of Conductnullityrepudiation
Tags
retrenchmentdisciplinary proceedingsmultiple proceedings
legislation
Statutes Cited
- Labour Act
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the arbitrator erred in finding that the disciplinary proceedings were a nullity due to non-compliance with section 124 of the Labour Act","issue_type":"law","dispositive":"yes","related_facts":"Institution of disciplinary proceedings during arbitration; failure to notify arbitrator"}
- {"issue_text":"Whether the appellant's argument that section 124 does not apply to Code of Conduct proceedings has merit","issue_type":"law","dispositive":"yes","related_facts":"Nature of disciplinary proceedings under Code of Conduct"}
- {"issue_text":"Whether the respondents repudiated their contracts by forming Real Sky Travel","issue_type":"fact","dispositive":"no","related_facts":"Formation of new company"}
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background
Facts of the Case
Background
The respondents were employees of the appellant. Following failed retrenchment negotiations, the appellant instituted disciplinary proceedings against the respondents while arbitration on the retrenchment matter was ongoing. The appellant dismissed the respondents in absentia. The second arbitrator found the dismissal unlawful, a decision the appellant appealed.
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