Binduko Edward v Managing Director CMED (Pvt) Ltd

[2014] ZWLC 189

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Case Details

Court

Labour Court

Date

18 February 2014

Citation

[2014] ZWLC 189

Judgment No.

LC/H/189/2014

Outcome

unknown

Case Type

Appeal

Bench

Presiding

E Muchawa

Full Bench

E Muchawa

Areas of Law

Labour lawDisciplinary proceedings

Keywords

dismissaltheftbalance of probabilitiescriminal acquittal

Key Issues

{"issue_text":"Whether the disciplinary authority applied the correct standard of proof","issue_type":"law","dispositive":"yes","related_facts":"Vehicle parts found in bag, no eye witnesses, alleged confession"}
{"issue_text":"Whether criminal acquittal affects disciplinary proceedings","issue_type":"law","dispositive":"no","related_facts":"Appellant acquitted by Magistrate Court"}
{"issue_text":"Whether length of service should be considered in mitigation","issue_type":"law","dispositive":"no","related_facts":"Appellant served sixteen years"}

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background

Facts of the Case

Background

Appellant, a handyman employed by CMED and stationed at Chikurubi Prison, was dismissed after vehicle parts were found in his bag during a routine search. He was charged with theft under the employer's Code of Conduct, found guilty and dismissed. The Appeals Authority confirmed the decision.

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