Construction Industry Pension Fund v Ntando Ivin Sibanda

LC/H/224/23

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Case Details

Court

Labour Court

Date

21 July 2023

Citation

LC/H/224/23

Neutral Citation

[2023] ZWLC 224

Outcome

unknown

Case Type

Cross-Appeal

Bench

Presiding

B.T. Chivizhe

Full Bench

B.T. Chivizhe

Areas of Law

Labour lawDisciplinary proceedingsPension industry regulations

Keywords

disciplinary proceedingsprocedural irregularityIPEC guidelineshead of control functionboard consultation

Key Issues

{"issue_text":"Whether the respondent was a \"head of control function\" requiring board consultation under Clause 8.1.6 of IPEC guidelines before disciplinary proceedings could be instituted","issue_type":"procedural","dispositive":"yes","related_facts":"Respondent's position as Risk and Compliance Manager; IPEC guidelines requirements; board consultation"}
{"issue_text":"Whether the failure to consult the board before instituting disciplinary proceedings rendered the proceedings void ab initio","issue_type":"procedural","dispositive":"yes","related_facts":"Lack of board resolution; email from board member; statutory requirements"}

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background

Facts of the Case

Background

The respondent, a Risk and Compliance Manager, spilled tea on his work laptop leading to disciplinary charges. After a full hearing, the Disciplinary Authority found him guilty but imposed only a final written warning instead of dismissal. Both parties appealed - the employer appealing the leniency of the sentence, and the respondent cross-appealing on procedural grounds that the disciplinary proceedings were invalid for lack of board consultation as required by IPEC guidelines.

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