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ZIMPOST (PVT) LTD v COMMUNICATIONS & ALLIED WORKERS' UNION 2009 (1) ZLR 334 (S)

2009 (1) ZLR p334

Citation

2009 (1) ZLR 334 (S)

Case No

Judgment No. S-23-09

Court

Supreme Court, Harare

Judge

Cheda JA, Ziyambi JA and Malaba JA

Heard

11 February 2008

Judgment

19 May 2009

Counsel

E T Matinenga, for the appellant
L T Biti, for the respondent

Case Type

Civil appeal

Annotations

No case annotations to date

Flynote

Employment – code of conduct – disciplinary proceedings under – code of conduct not prohibiting act or employment inconsistent with express or implied conditions of employment – right of employer to proceed under s 12B(2)(b) of Labour Act [Chapter 28:01]

Employment – disciplinary action – unlawful collective job action by employees – employer not precluded from charging each employee individually – employer not obliged to charge all employees together

Employment – strike – unlawful collective job action – disciplinary proceedings arising from – job action over before disposal order issued – employer's right to take disciplinary action – protection of rights of parties affected by unlawful collective job action – Labour Act [Chapter 28:01] – ss 106 and 107 – primary purpose of sections – powers of Labour Court – when appropriate for Court to exercise such powers

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