Zimbabwe National Water Authority (ZINWA) v Gladys Gonde & 2 Ors

Key Issues

• {"issue_text":"Whether the arbitrator erred in failing to dispose of the preliminary point that respondents had waived their right to proceed with conciliation","issue_type":"procedural","dispositive":"no","related_facts":"Respondents filed Labour Court application then withdrew to proceed with conciliation"}
• {"issue_text":"Whether the arbitrator misdirected himself in finding that evidence was insufficient to establish guilt","issue_type":"mixed","dispositive":"yes","related_facts":"Nature of evidence relied upon by appellant including whistle blower and warned statement"}
• {"issue_text":"Whether the arbitrator erred in relying on audi alteram partem regarding whistle blower evidence","issue_type":"law","dispositive":"yes","related_facts":"Whistle blower not called as witness"}
• {"issue_text":"Whether the warned and cautioned statement was admissible","issue_type":"law/evidence","dispositive":"yes","related_facts":"Statement made to police, not produced during hearing, witnesses not called"}

Background