Cochrane Engineering v Chenjerayi Katiyo

[2013] ZWLC 71

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Case Details

Court

Labour Court

Date

8 November 2013

Citation

[2013] ZWLC 71

Judgment No.

LC/H/71/2013

Outcome

unknown

Case Type

Appeal

Bench

Presiding

B.T. Chivizhe

Full Bench

B.T. Chivizhe

Areas of Law

Labour LawUnfair DismissalDisciplinary Procedures

Keywords

sick leavekidney ailmentloan misuseretrospective suspensionprocedural irregularity

Key Issues

{"issue_text":"Whether the charge of misuse of company property was appropriate when employee used loan for medical purposes","issue_type":"mixed","dispositive":"no","related_facts":"Employee granted loan for operation, used money for medical expenses, money ceased to be company property once approved"}
{"issue_text":"Whether retrospective suspension for two years violated procedural requirements","issue_type":"procedural","dispositive":"yes","related_facts":"Code requires proceedings within 14 days, two-year gap unacceptable"}

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Facts of the Case

Background

Employee with 19 years service granted sick leave and loan for kidney operation in South Africa. Employer terminated employment while employee was in South Africa. After arbitration, employer reinstated employee and conducted disciplinary proceedings finding him guilty of misusing company loan. Various appeals culminated in General Engineering Committee ordering reinstatement.

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