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Supreme Court
Don Chabvamuperu v Old Mutual Insurance Company (Private) Limited
[2023] ZWSC 12
Case Details
Court
Supreme Court
Date
10 February 2023
Citation
[2023] ZWSC 12
Judgment No.
SC 12/23
Outcome
unknown
Case Type
Appeal
Bench
Presiding
BHUNU JA
Full Bench
BHUNU JACHATUKUTA JAMWAYERA JA
Areas of Law
Labour LawEmployment Law
Keywords
workers committeemisconductdismissalcollective job actionbreach of contract
Tags
workers committee representativemisconductdismissalappeal
legislation
Statutes Cited
- Labour Act
- Labour Act
- Labour Act
- Labour Act
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the appellant committed misconduct by instigating unlawful assembly of employees","issue_type":"mixed","dispositive":"yes","related_facts":"Alleged misrepresentation to workers and management, staging sit-in"}
- {"issue_text":"Whether the dismissal constituted victimisation of a workers' representative","issue_type":"law","dispositive":"no","related_facts":"Appellant's role as workers' committee member"}
- {"issue_text":"Whether the penalty of dismissal was fair and rational","issue_type":"law","dispositive":"no","related_facts":"Circumstances of misconduct, appellant's service record"}
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background
Facts of the Case
Background
The appellant, a cashier and workers' committee member, was dismissed for allegedly instigating an unlawful work stoppage by misrepresenting to employees that management wanted to address them at the canteen, and for staging a sit-in at the HR executive's office.
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