Brian Chihuri v Colcom Foods Ltd

[2016] ZWLC 233

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Case Details

Court

Labour Court

Date

13 May 2016

Citation

[2016] ZWLC 233

Judgment No.

LC/H/233/16

Outcome

unknown

Case Type

Appeal

Bench

Presiding

L Hove

Full Bench

L Hove

Areas of Law

Labour lawDisciplinary procedures

Keywords

Theft of meatPurchasing proceduresDisciplinary appeal

Key Issues

{"issue_text":"Whether grounds 1, 2 and 5 raised review issues rather than appeal issues","issue_type":"procedural","dispositive":"no","related_facts":"Committee composition, MD conduct, code accessibility"}
{"issue_text":"Whether the disciplinary committee's factual findings were grossly unreasonable","issue_type":"factual","dispositive":"yes","related_facts":"Taking meat without payment, banking excuse"}
{"issue_text":"Whether charging theft but convicting of procedural breach was irregular","issue_type":"procedural","dispositive":"no","related_facts":"Charge vs conviction mismatch"}
{"issue_text":"Whether appellant was denied opportunity to mitigate","issue_type":"procedural","dispositive":"no","related_facts":"Mitigation submissions in minutes"}

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background

Facts of the Case

Background

The appellant, a supervisor at Colcom Foods, took meat from the shop without paying and instructed subordinates to braai it. He was charged with theft, found guilty of breaching purchasing procedures, and dismissed. He appealed the conviction.

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