Enock Makuyana v Tobacco Processors Zimbabwe (Pvt) Ltd

[2016] ZWLC 678

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Case Details

Court

Labour Court

Date

4 November 2016

Citation

[2016] ZWLC 678

Judgment No.

LC/H/678/2016

Outcome

unknown

Case Type

Appeal

Bench

Presiding

R.F. Manyangadze J

Full Bench

R.F. Manyangadze J

Areas of Law

Labour lawDisciplinary proceedings

Keywords

threatening behaviourtrade union officialdisciplinary appealdismissalmisconduct

Key Issues

{"issue_text":"Whether inaccurate disciplinary record prejudiced appellant","issue_type":"procedural","dispositive":"no","related_facts":"Record allegedly stated appellant admitted wrongdoing when he did not"}
{"issue_text":"Whether appellant was properly found guilty of threatening or intimidating behaviour","issue_type":"mixed","dispositive":"yes","related_facts":"Appellant's conduct during verification exercise, his role as trade union official"}
{"issue_text":"Whether dismissal penalty was too harsh and induced sense of shock","issue_type":"law","dispositive":"no","related_facts":"Appellant's long service, trade union role, mitigating factors"}

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background

Facts of the Case

Background

The appellant, an Accounts Controller and trade union official, was dismissed for threatening and intimidating behaviour during a workers committee nomination verification exercise where he objected to labour officers' presence, threatened violence, and threw ballot papers into a dustbin.

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