Farai Vincent Kandemiviri v Harare Quarry (Private) Limited

[2022] ZWLC 30

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Case Details

Court

Labour Court

Date

11 February 2022

Citation

[2022] ZWLC 30

Judgment No.

LC/H/30/22

Outcome

unknown

Case Type

Review

Bench

Presiding

Makamure J

Full Bench

Makamure J

Areas of Law

Labour lawDisciplinary proceedingsProcedural fairness

Keywords

disciplinary hearingfalse evidencemitigationprocedural irregularitynatural justice

Key Issues

{"issue_text":"Whether the applicant was properly notified of the disciplinary charges","issue_type":"procedural","dispositive":"no","related_facts":"Applicant signed complaint form acknowledging charge and hearing date"}
{"issue_text":"Whether the disciplinary committee properly considered evidence before making decision","issue_type":"procedural","dispositive":"no","related_facts":"Applicant provided inflated quotations, other evidence available"}
{"issue_text":"Whether the applicant was afforded an opportunity to address in mitigation before penalty imposed","issue_type":"procedural","dispositive":"yes","related_facts":"No mitigation recorded before dismissal penalty imposed"}

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background

Facts of the Case

Background

The applicant sought review of his dismissal for providing false evidence through inflated quotations. The disciplinary committee convicted him but failed to allow him to address in mitigation before imposing the penalty of dismissal.

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