Chikwanda Richman v The Secretary for Civil Service Commission & Anor

LC/H/41/16

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Case Details

Court

Labour Court

Date

22 January 2016

Citation

LC/H/41/16

Neutral Citation

[2016] ZWLC 41

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Mhuri J

Full Bench

Mhuri J

Areas of Law

Labour lawPublic service disciplinary proceedings

Keywords

unbecoming conductimproper associationleading questionsburden of proofdisciplinary hearing

Key Issues

{"issue_text":"Whether evidence obtained through leading questions should be excluded in disciplinary proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Young age of complainants, leading questions used during examination"}
{"issue_text":"Whether disciplinary proceedings require strict observance of rules of evidence applicable in criminal trials","issue_type":"law","dispositive":"yes","related_facts":"Public Service Regulations Section 45(2) allows relaxed rules of evidence"}
{"issue_text":"Whether the appellant was afforded procedural fairness","issue_type":"procedural","dispositive":"yes","related_facts":"Appellant was legally represented and had opportunity to challenge evidence"}

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background

Facts of the Case

Background

A senior teacher at Two Tree Hill Primary School was dismissed for making sexually inappropriate comments to two female pupils aged 9 and in grade 7. The teacher appealed, arguing the evidence was obtained through leading questions and procedural irregularities.

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