ZESA HOLDINGS (PRIVATE) LIMITED v OSBON MATUNJA

JUDGMENT NO. LC/H/185/21

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Case Details

Court

Labour Court

Date

16 September 2021

Citation

JUDGMENT NO. LC/H/185/21

Neutral Citation

[2021] ZWLC 185

Judgment No.

LC/H/185/21

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Makamure J

Full Bench

Makamure J

Areas of Law

Labour LawAdministrative Law

Keywords

Employer AppealNatural JusticeStatutory Instrument 15/2006Institutional BiasDisciplinary Hearing

Key Issues

{"issue_text":"Whether an employer has the right to appeal against a decision made by a hearing authority appointed by the employer","issue_type":"procedural","dispositive":"yes","related_facts":"The appellant appointed the hearing authority that made the decision being appealed"}
{"issue_text":"Whether the phrase \"a party\" in Statutory Instrument 15/2006 includes the employer","issue_type":"law","dispositive":"yes","related_facts":"The matter was dealt with under Statutory Instrument 15/2006"}
{"issue_text":"Whether the penalty of \"caution and discharge\" is competent in civil matters","issue_type":"law","dispositive":"no","related_facts":"The hearing authority imposed a penalty of \"caution and discharge\""}

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background

Facts of the Case

Background

The appellant employer appealed against a decision of its own disciplinary hearing authority which acquitted the respondent employee of charges of theft, fraud, and misrepresentation related to unaccounted fuel coupons. The respondent raised a preliminary point that the employer had no right to appeal its own appointee's decision.

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