Wardlove Muparaganda v Commercial Workers Union of Zimbabwe

SC 55/18

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Case Details

Court

Supreme Court

Date

27 September 2018

Citation

SC 55/18

Neutral Citation

[2018] ZWSC 55

Outcome

unknown

Case Type

Appeal

Bench

Presiding

BHUNU JA

Full Bench

GARWE JAGUVAVA JABHUNU JA

Areas of Law

Employment LawLabour Law

Keywords

suspensiondisciplinary hearingarbitratorLabour Courtprocedural unfairness

Key Issues

{"issue_text":"Whether the respondent was entitled to salary and benefits from the date of suspension (12 October 2009) to the date of lawful dismissal (26 April 2013)","issue_type":"law","dispositive":"yes","related_facts":"Lifting of suspension, nullification of disciplinary proceedings, change in employment status"}

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Facts of the Case

Background

The appellant was suspended without pay by the respondent union. Following a flawed disciplinary process, an arbitrator set aside the dismissal and ordered payment of salary from the suspension date to the award date. The Labour Court found the appellant was not entitled to this salary as he was on suspension without pay, but erroneously upheld the appeal. The Supreme Court clarified that the suspension was lifted administratively before the flawed disciplinary process, so the appellant was entitled to salary from the date the suspension was lifted.

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