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Labour Court
Emmanuel Kadzombe v Isquant Investments/Zimoco
[2016] ZWLC 593
Case Details
Court
Labour Court
Date
23 September 2016
Citation
[2016] ZWLC 593
Judgment No.
LC/H/593/16
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Chidziva J
Full Bench
Chidziva J
Areas of Law
Labour lawEmployment lawDisciplinary proceedings
Keywords
Unfair dismissalMisconductNegligenceBalance of probabilitiesBurden of proof
Tags
Disciplinary hearingMisconductNegligenceAppeal against dismissal
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether there was evidence to prove appellant's guilt on balance of probabilities","issue_type":"mixed","dispositive":"yes","related_facts":"Appellant was last to drive vehicle, keys left in ignition, crash sensor improperly fitted"}
- {"issue_text":"Whether burden of proof was properly placed on appellant to prove innocence","issue_type":"law","dispositive":"no","related_facts":"Appeals Officer required appellant to prove innocence"}
- {"issue_text":"Whether penalty of dismissal was grossly unreasonable","issue_type":"law","dispositive":"no","related_facts":"$90,000 damages caused, appellant's duty of care as auto electrician"}
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background
Facts of the Case
Background
The appellant, an auto electrician employed by respondent since 1 April 2012, was dismissed for misconduct after a vehicle he was working on detonated causing $90,000 damage. He was found guilty of negligence for leaving keys in ignition and improperly fitting a crash control sensor.
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