Bernard Kujinga v Old Mutual Life Assurance (Private) Limited

SC 122/23

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Case Details

Court

Supreme Court

Date

16 November 2023

Citation

SC 122/23

Neutral Citation

[2023] ZWSC 122

Outcome

unknown

Case Type

Appeal

Bench

Presiding

MUSAKWA JA

Full Bench

MAVANGIRA JACHIWESHE JAMUSAKWA JA

Areas of Law

Labour lawEmployment lawConstitutional law

Keywords

Workers committee immunityMisrepresentationDisciplinary actionSection 65(2) Constitution

Key Issues

{"issue_text":"Whether workers' committee representatives have absolute immunity from disciplinary action under section 65(2) of the Constitution","issue_type":"constitutional","dispositive":"no","related_facts":"Appellant's participation as workers' committee representative in industrial action"}
{"issue_text":"Whether the appellant was guilty of misconduct through misrepresentation and dishonest conduct","issue_type":"mixed","dispositive":"yes","related_facts":"Appellant's alleged participation in misleading management and employees"}
{"issue_text":"Whether the penalty of dismissal was appropriate in the circumstances","issue_type":"law","dispositive":"no","related_facts":"Appellant's long service, clean record, and role as workers' representative"}

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background

Facts of the Case

Background

The appellant, a workers' committee representative, was dismissed for misconduct after allegedly misrepresenting to employees that management wanted to address them in the canteen regarding salary increments, leading to an illegal work stoppage. The Labour Court upheld the dismissal, finding he had breached his employment contract through dishonest conduct.

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