UZ-UCSF Collaborative Research Programme v Tserayi Machinda

Key Issues

• {"issue_text":"Whether the arbitrator erred in law by finding the charge was not work-related but of a social nature","issue_type":"law","dispositive":"yes","related_facts":"Nature of relationship between respondent and Hwanyanya"}
• {"issue_text":"Whether the arbitrator erred in finding the dismissal penalty was too severe","issue_type":"law","dispositive":"yes","related_facts":"The misconduct and penalty imposed"}
• {"issue_text":"Whether the arbitrator erred in finding the dismissal was prompted by financial prejudice and relationship breakdown","issue_type":"law","dispositive":"no","related_facts":"Motivation for disciplinary proceedings"}
• {"issue_text":"Whether the appellant violated Section 7(a)(i) of SI 15/06 by imposing dismissal","issue_type":"law","dispositive":"yes","related_facts":"Statutory compliance in penalty imposition"}
• {"issue_text":"Whether the appellant should have transferred the respondent instead of dismissing him","issue_type":"law","dispositive":"no","related_facts":"Alternative disciplinary measures"}
• {"issue_text":"Whether the Disciplinary Committee denied the respondent opportunity to address it in mitigation","issue_type":"fact","dispositive":"no","related_facts":"Procedural fairness in disciplinary hearing"}
• {"issue_text":"Whether the appellant followed prescribed procedure in dismissing the respondent","issue_type":"procedural","dispositive":"yes","related_facts":"Compliance with disciplinary procedures"}
• {"issue_text":"Whether Hwanyanya published HIV test results to entice respondent into marriage","issue_type":"fact","dispositive":"no","related_facts":"Hwanyanya's conduct and motivations"}
• {"issue_text":"Whether dismissal was at the instance of Hwanyanya as relief against respondent","issue_type":"fact","dispositive":"no","related_facts":"Motivation for disciplinary action"}
• {"issue_text":"Whether the Labour Court has jurisdiction over this matter","issue_type":"procedural","dispositive":"yes","related_facts":"Nature of dispute (civil vs labor)"}

Background