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Labour Court

Allen Pasirayi & Helper Ncube v City of Masvingo

[2017] ZWLC 4

Case Details

Court
Labour Court
Date
27 January 2017
Citation
[2017] ZWLC 4
Judgment No.
LC/MS/04/2017
Outcome
unknown
Case Type
Appeal

Bench

Presiding
Maxwell J
Full Bench
Maxwell J
Areas of Law
Labour lawEmployment disputesDisciplinary procedures
Keywords
Verbal instructionsProcurement proceduresHabitual unsatisfactory work performanceSupervisory failure
Tags
Disciplinary hearingAppeal against dismissalHabitual unsatisfactory work performance
legislation
Statutes Cited
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether issuance of verbal instructions without written order for over one month constituted habitual/substantial unsatisfactory work performance","issue_type":"mixed","dispositive":"yes","related_facts":"Verbal instruction issued on 15 December 2015, written order only issued one month later"}
  • {"issue_text":"Whether delay in processing purchase orders for school construction constituted habitual/substantial unsatisfactory work performance","issue_type":"mixed","dispositive":"yes","related_facts":"Orders delayed for over three months, first appellant proceeded on study leave"}
  • {"issue_text":"Whether second appellant failed to supervise first appellant adequately","issue_type":"mixed","dispositive":"yes","related_facts":"Second appellant allowed first appellant to delay issuing written order and proceed on study leave without completing duties"}
  • {"issue_text":"Whether appeals committee procedure was flawed due to bias and failure to address points in limine","issue_type":"procedural","dispositive":"no","related_facts":"Appellants raised procedural objections before appeals committee"}
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background
Facts of the Case

Background

Two employees were dismissed for habitual/substantial unsatisfactory work performance after issuing verbal instructions to suppliers contrary to procurement procedures and delaying processing of purchase orders for over three months.
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