Elvis Machikiti (Designated Agent) v Premier Milling (Pvt) Ltd & Anor

[2016] ZWLC 680

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Case Details

Court

Labour Court

Date

4 November 2016

Citation

[2016] ZWLC 680

Judgment No.

LC/H/680/2016

Outcome

unknown

Case Type

Application

Bench

Presiding

Muchawa J

Full Bench

Muchawa J

Areas of Law

Labour lawEmployment lawDisciplinary proceedings

Keywords

designated agentconfirmationdismissalmisconductnegligencehit and rundisciplinary hearing

Key Issues

{"issue_text":"Whether the designated agent's ruling upholding the dismissal should be confirmed","issue_type":"mixed","dispositive":"yes","related_facts":"Hit and run accident, fist fight, unattended vehicle, eighteen-year service record"}
{"issue_text":"Whether the conduct complained of constitutes misconduct under labour law despite having criminal elements","issue_type":"law","dispositive":"no","related_facts":"Hit and run accident, criminal proceedings, admission of guilt fine"}

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background

Facts of the Case

Background

The second respondent, a driver employed by the first respondent since 1997, was dismissed after being involved in a hit-and-run accident, fleeing the scene, engaging in a fist fight at company premises, and leaving his company vehicle running and unattended. The matter was referred to the designated agent who upheld the dismissal on one charge of conduct inconsistent with employment conditions but dismissed the charge of habitual neglect of duty.

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