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Labour Court
Farasi Mashongwa and Shorayi Freddy Makatare v Premier Service Medical Investments
LC/H/272/23
Case Details
Court
Labour Court
Date
15 September 2023
Citation
LC/H/272/23
Neutral Citation
[2023] ZWLC 272
Outcome
unknown
Case Type
Appeal
Bench
Presiding
MAKAMURE J
Full Bench
MAKAMURE J
Areas of Law
Labour lawEmployment disciplinary proceedings
Keywords
dismissalmisconductemployment codedisciplinary appealrepudiation of contract
Tags
dismissaldisciplinary proceedingsemployment codeair conditioners fraudloss control officers
legislation
Statutes Cited
- Respondent’s Employment Code (internal disciplinary code)
- Respondent’s Employment Code
- Respondent’s Code of Conduct
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the appellants were properly convicted of misconduct under Section 10.4.14 of the employment code","issue_type":"mixed","dispositive":"yes","related_facts":"Failure to supervise guards leading to loss of 41 air conditioners; moving 1 air conditioner without procedures"}
- {"issue_text":"Whether the penalty of dismissal was appropriate given the circumstances","issue_type":"law","dispositive":"yes","related_facts":"Appellants' length of service, mitigation factors, nature of misconduct"}
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background
Facts of the Case
Background
Two loss control officers employed by Premier Service Medical Investments were dismissed for failing to properly supervise security guards, resulting in the fraudulent removal of 42 air conditioners from company premises. They also improperly moved one air conditioner without following company procedures.
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