Supreme Court of Zimbabwe - 2015 June

4 judgments
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4 judgments
Citation
Judgment date
June 2015
Court remitted the stated case to the lower court for trial because key constitutional and dismissal issues were not ventilated.
Civil procedure – Stated case – Remittal to trial where material issues not canvassed below; Constitutional validity – Clause 5(a) – Propriety of dismissal – Pre-trial conference and further pleadings ordered
29 June 2015
The applicant's procedural complaints failed; uncontroverted witness evidence upheld dismissal for theft.
Employment law — Disciplinary proceedings — Procedural irregularities and fairness of hearing — Appellate review of disciplinary findings — Uncontroverted witness evidence and failure to cross-examine.
26 June 2015
Possibility of bias in workplace disciplinary hearing does not void proceedings absent proven actual bias and prejudice.
Labour law – disciplinary hearings – alleged bias by chairperson – possibility of bias versus demonstrated actual bias – fairness judged in broad perspective – recusal and failure to seek it during hearing – procedural irregularities and remedial awards (back pay)
25 June 2015
Employees who deliberately boycott disciplinary hearings waive the right to later challenge those proceedings.
Labour law – disciplinary proceedings – deliberate non-attendance – waiver of right to challenge – workers’ committee representation – improperly constituted disciplinary committee – s101(6) Labour Act inapplicable
8 June 2015