Batsirai Mambayo v Old Mutual Shared Services Private Limited

[2022] ZWSC 75

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Case Details

Court

Supreme Court

Date

26 July 2023

Citation

[2022] ZWSC 75

Judgment No.

SC 75/22

Outcome

unknown

Case Type

Appeal

Bench

Presiding

MUSAKWA JA

Full Bench

BHUNU JAMATHONSI JAMUSAKWA JA

Areas of Law

Labour LawConstitutional LawEmployment Law

Keywords

DismissalMisconductWorkers Committee RepresentativeSection 65(2) ConstitutionLabour Act

Key Issues

{"issue_text":"Whether the appellant had absolute immunity from disciplinary action under section 65(2) of the Constitution","issue_type":"constitutional","dispositive":"no","related_facts":"Appellant was workers committee representative participating in labour activities"}
{"issue_text":"Whether the court a quo erred by upholding the appellant's dismissal from employment","issue_type":"mixed","dispositive":"yes","related_facts":"Appellant found guilty of misconduct through misrepresentation leading to work stoppage"}

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background

Facts of the Case

Background

The appellant, a workers committee member and accounts administrator, was dismissed for misconduct after allegedly misrepresenting to employees that management wanted to address them, leading to an unlawful gathering and work stoppage. She staged a sit-in with colleagues when management refused to address the gathered employees.

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