Conquip Zimbabwe (Pvt) Ltd v Sekai Manyau

[2016] ZWLC 67

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Case Details

Court

Labour Court

Date

19 February 2016

Citation

[2016] ZWLC 67

Judgment No.

LC/H/67/2016

Outcome

unknown

Case Type

Appeal

Bench

Presiding

L. Hove

Full Bench

L. Hove

Areas of Law

Labour lawEmployment lawDisciplinary proceedings

Keywords

Lack of skillIncompetenceVAT returnsReconciliationDisciplinary hearingReinstatement

Key Issues

{"issue_text":"Whether the National Employment Council erred in reversing the dismissal on procedural grounds","issue_type":"procedural","dispositive":"no","related_facts":"NEC found 8 procedural irregularities, no prejudice shown"}
{"issue_text":"Whether the respondent genuinely lacked the requisite skills for her position","issue_type":"factual","dispositive":"yes","related_facts":"Multiple witness testimonies, incorrect VAT calculations, admissions by respondent"}
{"issue_text":"Whether the employer proved incompetence on balance of probabilities","issue_type":"mixed","dispositive":"yes","related_facts":"Evidence of accounting errors, witness testimonies, corrected returns showing company was owed money"}

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background

Facts of the Case

Background

The respondent employee was dismissed for lack of skill after numerous accounting errors including incorrect VAT returns, failure to perform reconciliations, and poor filing systems. The National Employment Council reversed the dismissal on procedural grounds. The Labour Court allowed the employer's appeal, finding the employee genuinely lacked requisite skills.

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