Brian Mushaninga v British American Tobacco

[2013] ZWLC 299

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Case Details

Court

Labour Court

Date

16 May 2013

Citation

[2013] ZWLC 299

Judgment No.

LC/H/299/2013

Outcome

unknown

Case Type

Appeal

Bench

Presiding

E. Makamure

Full Bench

E. Makamure

Areas of Law

Labour lawEmployment lawDisciplinary proceedings

Keywords

wilful disobediencelawful instructiondismissalinsubordinationprocedural fairness

Key Issues

{"issue_text":"Whether the dismissal for wilful disobedience to a lawful order was substantively fair","issue_type":"mixed","dispositive":"yes","related_facts":"Appellant failed to write report despite reminders; only submitted months later"}
{"issue_text":"Whether procedural errors in the disciplinary process were fatal to the proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Some errors occurred during disciplinary process"}

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background

Facts of the Case

Background

The appellant was dismissed for wilful disobedience after failing to write a report as instructed by his superior, despite repeated reminders. He only submitted the report several months later.

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