Z.P.H. PUBLISHERS v TSAURAYI M KANYEPI

Key Issues

• {"issue_text":"Whether an independent consultant can serve as a disciplinary authority under Statutory Instrument 15 of 2006","issue_type":"law","dispositive":"yes","related_facts":"The disciplinary hearing was chaired by Mr J Muzadzi, an independent consultant"}
• {"issue_text":"Whether the effective date of dismissal should be the date of the arbitrator's award or the date of the original dismissal","issue_type":"law","dispositive":"yes","related_facts":"The arbitrator allowed termination with effect from the date of his award"}
• {"issue_text":"Whether the employer held the disciplinary hearing within the 14-day period prescribed by Statutory Instrument 15/06","issue_type":"fact","dispositive":"no","related_facts":"The disciplinary hearing was held three months after the Labour Court consent order"}
• {"issue_text":"Whether the employer had authority to use Statutory Instrument 15/06 in conducting the disciplinary hearing","issue_type":"law","dispositive":"no","related_facts":"The respondent was subjected to disciplinary proceedings under Statutory Instrument 15/06"}
• {"issue_text":"Whether the respondent was absent from work without reasonable cause","issue_type":"fact","dispositive":"yes","related_facts":"The respondent was in Canada during the absence period and refused to produce his passport"}
• {"issue_text":"Whether the sick leave notes were authentic","issue_type":"fact","dispositive":"yes","related_facts":"The doctor's notes were delivered by the doctor but the respondent was abroad"}

Background