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Labour Court

Wilfred Jaure v Women’s University in Africa

JUDGMENT NO. LC/H/354/24

Case Details

Court
Labour Court
Date
23 July 2024
Citation
JUDGMENT NO. LC/H/354/24
Neutral Citation
[2024] ZWLC 354
Judgment No.
LC/H/354/24
Outcome
unknown
Case Type
Review

Bench

Presiding
MAKAMURE J
Full Bench
MAKAMURE J
Areas of Law
Labour LawAdministrative Law
Keywords
Sexual harassmentDisciplinary hearingJurisdictionBiasGross irregularityService of processCode of conduct
Tags
Unfair dismissalSexual harassmentDisciplinary procedureReview
legislation
Statutes Cited
  • Labour Act
  • Labour Act
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the preliminary point regarding the defective form of the notice of response has merit.","issue_type":"procedural","dispositive":"no","related_facts":"Use of Form LC3 instead of Form LC2 by the respondent."}
  • {"issue_text":"Whether the Disciplinary Authority lacked jurisdiction to conduct the hearing.","issue_type":"law","dispositive":"yes","related_facts":"Constitution of the Disciplinary Authority under Paragraph 8 of the NECWEI code."}
  • {"issue_text":"Whether the disciplinary proceedings were grossly irregular due to lack of proper service of the hearing notice.","issue_type":"procedural","dispositive":"yes","related_facts":"Service of notice at applicant's home, receipt by wife, WhatsApp messages."}
  • {"issue_text":"Whether the Disciplinary Authority was biased against the applicant.","issue_type":"law","dispositive":"yes","related_facts":"The same authority had previously dealt with the matter using the wrong procedure."}
  • {"issue_text":"Whether the Disciplinary Authority failed to use peremptory forms prescribed by the code.","issue_type":"procedural","dispositive":"yes","related_facts":"The respondent's correspondence and forms used."}
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background
Facts of the Case

Background

The applicant, a Procurement Officer, was dismissed for sexual harassment of a female student intern following a disciplinary hearing conducted in his absence. He sought review of the dismissal, alleging lack of jurisdiction, bias, gross irregularity in the proceedings, and that he was not properly served with the notice of hearing. The court found that the respondent had properly served the notice and that the disciplinary authority had jurisdiction, and dismissed the application.
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