ANDREYA NDIRAYA v PRINTFLOW PRIVATE LIMITED

LC/H/234/2013

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Case Details

Court

Labour Court

Date

27 September 2012

Citation

LC/H/234/2013

Neutral Citation

[2013] ZWLC 234

Outcome

unknown

Case Type

Appeal

Bench

Presiding

The Honourable B.T. Chivizhe: President

Author

B.T. Chivizhe

Areas of Law

Labour lawEmployment lawAdministrative law

Keywords

Unfair dismissalArbitral awardLabour appealQuestion of lawDisciplinary procedure

Key Issues

{"issue_text":"Whether the grounds of appeal raise questions of law as required under Section 98(10) of the Labour Act","issue_type":"procedural","dispositive":"yes","related_facts":"All grounds of appeal filed by appellant"}
{"issue_text":"Whether the arbitrator erred in finding appellant committed the alleged misconduct","issue_type":"fact","dispositive":"no","related_facts":"Disciplinary charges and evidence presented"}
{"issue_text":"Whether the dismissal was fair and procedural","issue_type":"mixed","dispositive":"no","related_facts":"Disciplinary hearing process and procedure"}
{"issue_text":"Whether the disciplinary committee was improperly constituted","issue_type":"fact","dispositive":"no","related_facts":"Composition of disciplinary committee"}

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background

Facts of the Case

Background

The appellant was employed as a Foreman by the respondent and was dismissed after a disciplinary hearing for three violations of Statutory Instrument 15 of 2006. The violations included operating a private office, keeping unauthorized publications, and misleading external auditors about having keys to the office. The arbitrator upheld the dismissal, leading to this appeal.

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