Labour lawEmployment contractsConflict of interest
Keywords
dismissalsubsidiary contractconflict of interestnemo judex in sua causadouble payment
Tags
conflict of interestsubsidiary contractacademic regalia projectMOCHIK Garments
legislation
Statutes Cited
Labour Act
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether appellants could be dismissed from primary contract for breach of subsidiary contract","issue_type":"law","dispositive":"no","related_facts":"Existence of separate contracts, close link between contracts"}
{"issue_text":"Whether breach of nemo judex in sua causa principle was established","issue_type":"fact","dispositive":"no","related_facts":"Role of legal advisor in disciplinary proceedings"}
{"issue_text":"Whether ground 4 was withdrawn before court a quo","issue_type":"fact","dispositive":"no","related_facts":"Appellants' conduct in lower court"}
{"issue_text":"Whether dismissal could be retrospective to date of suspension","issue_type":"law","dispositive":"yes","related_facts":"Terms of suspension letter, date of communication"}
{"issue_text":"Whether appellants signed contract on behalf of MOCHIK","issue_type":"fact","dispositive":"yes","related_facts":"Contract signatures, common cause position"}
{"issue_text":"Whether conflict of interest was properly established","issue_type":"mixed","dispositive":"no","related_facts":"Non-disclosure, broad charge, factual findings"}
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background
Facts of the Case
Background
Two University of Zimbabwe lecturers were dismissed for failing to disclose their conflict of interest when they became directors of MOCHIK Garments, a company contracted by the university for garment manufacturing, while also supervising the project under a subsidiary employment contract.
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