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Labour Court
UMAA SECURITY SERVICES & PRIVATE INVESTIGATIONS v USHE MUKARATI
JUDGMENT NO LC/H/252/14
Case Details
Court
Labour Court
Date
26 February 2014
Citation
JUDGMENT NO LC/H/252/14
Neutral Citation
[2014] ZWLC 252
Judgment No.
LC/H/252/14
Outcome
unknown
Case Type
Appeal
Bench
Presiding
E Muchawa
Full Bench
E Muchawa
Areas of Law
Labour LawAdministrative Law
Keywords
Arbitral awardReinstatementJurisdictionFunctus officioProcedural fairness
Tags
ArbitrationAppealJurisdiction
legislation
Statutes Cited
- NECCS Code of Conduct
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the arbitrator had jurisdiction to deal with the matter given the late filing of the initial appeal without condonation","issue_type":"procedural","dispositive":"yes","related_facts":"Respondent lodged appeal on 27 October 2009, outside 7-day period prescribed by NECCS Code of Conduct"}
- {"issue_text":"Whether the designated agent became functus officio after communicating the Local Joint Committee's decision","issue_type":"procedural","dispositive":"yes","related_facts":"Designated Agent Nhiwatiwa communicated decision on 13 December 2010 and continued involvement in 2011-2012"}
- {"issue_text":"Whether the disciplinary hearing was conducted fairly","issue_type":"procedural","dispositive":"no","related_facts":"Respondent was charged and found guilty of various offenses"}
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background
Facts of the Case
Background
The respondent was employed as a security guard by the appellant from 8 November 2008 to 23 September 2009. He was absent from work from 2 to 4 September 2009 without lawful authority, claiming he had to attend a driving test. He was charged with various offenses including wilful disobedience and absenting himself from duty, found guilty, and dismissed. He lodged an appeal to the Local Joint Committee on 27 October 2009, which was outside the 7-day period prescribed by the NECCS Code of Conduct. The arbitrator subsequently found in his favor, leading to this appeal.
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