Consider Govere v Proton Bakery (Private) Limited

[2022] ZWLC 30

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Case Details

Court

Labour Court

Date

16 September 2022

Citation

[2022] ZWLC 30

Judgment No.

LC/H/30/23

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Chivizhe J

Full Bench

Chivizhe J

Areas of Law

Labour lawEmployment contractsDisciplinary proceedings

Keywords

dismissaldisciplinary chargefixed term contracttacit relocationbreach of trust

Key Issues

{"issue_text":"Was the appellant properly convicted of the disciplinary charge?","issue_type":"mixed","dispositive":"yes","related_facts":"Appellant's supervisory duties, assistant's admission, buns found in driver's bag"}
{"issue_text":"Did the disciplinary authority predetermine the verdict?","issue_type":"procedural","dispositive":"no","related_facts":"Typed dismissal papers presented same day as hearing"}
{"issue_text":"Was the employment contract tacitly relocated?","issue_type":"law","dispositive":"no","related_facts":"Fixed-term contract expiry, right of appeal granted, no services rendered post-dismissal"}

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background

Facts of the Case

Background

The appellant, a driver/salesman employed on a fixed-term contract, was dismissed for failing to supervise his assistant who smuggled excess buns into the company truck. The disciplinary authority found him guilty of breaching company policy and dismissed him. The appellant appealed, claiming the assistant had acted without his knowledge and that the dismissal was predetermined.

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