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Labour Court
Evans Mutevera v Lyons Martindale
[2013] ZWLC 296
Case Details
Court
Labour Court
Date
26 March 2013
Citation
[2013] ZWLC 296
Judgment No.
LC/H/296/2013
Outcome
unknown
Case Type
Appeal
Bench
Presiding
L. Kudya
Full Bench
L. Kudya
Areas of Law
Labour lawUnfair dismissalDisciplinary procedures
Keywords
dismissalinternal appealmisconductSAP systemdata capturebalance of probabilities
Tags
internal appealdisciplinary hearingdata capture clerkSAP system abuse
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the internal disciplinary bodies abused their discretion in finding appellant guilty","issue_type":"mixed","dispositive":"yes","related_facts":"Falsified invoice recordings, SAP system abuse"}
- {"issue_text":"Whether non-payment of salary post suspension vitiated the proceedings","issue_type":"procedural","dispositive":"no","related_facts":"September 2010 salary not paid"}
- {"issue_text":"Whether the misconduct related to appellant's contractual duties","issue_type":"law","dispositive":"no","related_facts":"Data capture duties, SAP system usage"}
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background
Facts of the Case
Background
Appellant, a data capture clerk, was dismissed for falsifying invoice recordings and abusing the company's SAP system regarding Chitungwiza depot stocks. He appealed internally without success and then appealed to the Labour Court.
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