Delta Beverages (Pvt) Ltd v Peggy Kuneka

[2023] ZWLC 179

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Case Details

Court

Labour Court

Date

30 June 2023

Citation

[2023] ZWLC 179

Judgment No.

LC/H/179/23

Outcome

unknown

Case Type

Application

Bench

Presiding

L.M. Murasi

Full Bench

L.M. Murasi

Areas of Law

Labour lawDisciplinary procedures

Keywords

Rescission of judgmentDefault judgmentCode of conductJurisdictionDisciplinary penalty

Key Issues

{"issue_text":"Whether the applicant had prospects of success in the main review application","issue_type":"procedural","dispositive":"yes","related_facts":"Second penalty imposed by unauthorized persons; Code of Conduct provisions"}
{"issue_text":"Whether persons other than the Immediate Supervisor could overturn a penalty imposed under the Code of Conduct","issue_type":"law","dispositive":"no","related_facts":"HR Officer issued dismissal penalty; Immediate Supervisor issued written warning"}
{"issue_text":"Whether imposing two different penalties for the same misconduct was procedurally proper","issue_type":"procedural","dispositive":"no","related_facts":"Written warning followed by dismissal for same misconduct"}

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background

Facts of the Case

Background

The respondent employee was charged with misconduct and found guilty by a Disciplinary Committee. The Immediate Supervisor imposed a written warning as penalty. 33 days later, the respondent received a second letter dismissing her from employment, authored by an HR Officer who was part of the hearing committee but not the Immediate Supervisor mandated to impose penalties under the Code of Conduct.

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