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Citation
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Judgment date
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| July 2015 |
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Procedural irregularities and a chairman’s multiple roles created prejudice and warranted remittal for a fresh disciplinary hearing.
Labour law — Disciplinary proceedings — Procedural fairness — Reasonable apprehension of bias where chairman also acts as complainant and minute-taker — Requirement for worker representation — Remittal for hearing de novo where prejudice shown.
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31 July 2015 |
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Dismissal for altering a delivery voucher was unreasonably harsh; misconduct was excusable and did not warrant summary dismissal.
Disciplinary law — dismissal — employer's discretion on penalty — reasonableness and misdirection — misconduct inconsistent with employment contract — trivial/excusable misconduct — NEC and Labour Court intervention.
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28 July 2015 |
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Attorney-General may withdraw delegated prosecutorial authority but must comply with administrative justice (audi alteram partem).
Criminal procedure and administrative law – delegation of prosecutorial authority – certificate to prosecute – withdrawal of delegation – administrative justice (audi alteram partem) – reviewability of Attorney-General’s administrative acts.
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27 July 2015 |
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An arbitrator cannot impose terms of a collective bargaining agreement; negotiable allowances require party agreement.
Collective bargaining agreements – s 74(3) negotiable matters – Arbitrator's powers in compulsory arbitration – Referral to arbitration by agreement (s 93(1)) – Labour officer and arbitrator’s conciliatory role in interest disputes.
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26 July 2015 |
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A lateral transfer without reduced benefits does not constitute constructive dismissal absent prompt repudiation by the respondent.
Labour law — Constructive dismissal (s 12B(3) Labour Act) — Employer's right to transfer employees — Transferability clause and employee's knowledge — Requirement of prompt repudiation by employee — Absenteeism as misconduct.
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26 July 2015 |
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Appeal allowed: premature hearing of late exceptions and reliance on extraneous evidence reversed; matter remitted for trial.
Civil procedure – Exceptions and special pleas – late filing and non‑compliance with High Court Rules; hearing exceptions at trial after pleading over – impermissible; exception must be decided on the four corners of the pleading; relief on upheld exception ordinarily: set aside offending pleading and grant leave to amend; misuse of extraneous evidence on exception.
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22 July 2015 |
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Condonation for late appeal dismissed for unexplained delay, lawyer negligence, and lack of prospects of success.
Civil procedure – condonation for late noting of appeal – extension of time – factors: length of delay, explanation, bona fides, prospects of success, prejudice and finality; Registration of arbitral award – award satisfied by payment; award not sounding in money – non‑registrable.
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22 July 2015 |
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Appeal upheld only to set aside a newly raised withholding-information finding; gross negligence and dismissal otherwise affirmed.
Labour law – arbitration review – misdirection on facts as a point of law; substitution of findings by Labour Court; gross negligence in procurement and unauthorized payment; competence to introduce new findings on appeal.
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21 July 2015 |
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The respondent retained the common-law right to terminate employment on notice; s12B governs dismissal procedures only.
Labour law — Termination on notice vs dismissal — Interpretation of ss 12B and 12(4) Labour Act — Common-law right to terminate on notice preserved — Notice periods regulated by s12(4).
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16 July 2015 |
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The High Court may review inferior court proceedings under s29(4) even absent an appeal under s198(4).
High Court Act s29(4) — review powers of High Court where inferior court proceedings come to its notice; Criminal Procedure s198(4) — appeal by Attorney General; review of magistrate's discharge at close of State case; prima facie threshold versus proof beyond reasonable doubt; irregular proceedings and remittal for continuation of trial.
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14 July 2015 |
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Whether a collective agreement mandated salary adjustments equal to agreed inflation figures or merely a negotiation baseline.
Collective bargaining – Interpretation of clause providing that year-on-year inflation figures shall determine salary reviews – Arbitrator’s award ultra vires – Clause 9 permits individual institutions to grant higher non-binding increases – Arbitration and Labour Court review.
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8 July 2015 |
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Trial court’s factual findings upheld: appellant liable for outstanding account; appeal dismissed with costs.
Contract/Commercial law – credit account and identity of contracting party – account run in appellant’s name despite invoices issued in alternative trading names; Evidence – admission of debt – letter on appellant’s letterhead held to be admission; Civil procedure – r 188(1) High Court Rules – effect of failure to reply to notice to admit documents; Appellate review – deference to trial court’s factual findings unless irrational or clearly wrong.
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8 July 2015 |
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Non-compliance with an arbitral award pending appeal does not, by itself, bar the right to be heard or require interim relief.
Labour law — Appeal against arbitral award — s92E(2) and (3) Labour Act — noting an appeal does not suspend operation of award — interim determination discretionary — 'dirty hands' principle inapplicable where no obligation to comply — executability of award.
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6 July 2015 |
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Unauthorised disclosure of confidential salary information by a workers' representative justified dismissal; procedural defects unproven.
Labour law — Confidentiality and Code of Conduct — Unauthorised disclosure of employee salary information — Workers' committee status does not authorise breach of employer confidentiality rules — Procedural irregularity must be pleaded and proved to vitiate disciplinary proceedings — Unfair dismissal challenge dismissed.
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1 July 2015 |
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Prescription plea dismissed; 36-month damages reduced to six months and currency conversion remitted to the Labour Court.
Labour law – prescription – raising point for first time on appeal; Quantum of damages in lieu of reinstatement – need for evidence on age, health, qualifications and mitigation; Currency denomination – conversion of Zimbabwe dollar awards to foreign currency is within Labour Court’s equitable jurisdiction; Remittal for computation and conversion.
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1 July 2015 |