Fredrick Sunga v Zimbabwe Platinum Mines

[2023] ZWLC 283

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Case Details

Court

Labour Court

Date

27 September 2023

Citation

[2023] ZWLC 283

Judgment No.

LC/H/283/2023

Outcome

unknown

Case Type

Appeal

Bench

Presiding

G. Musariri

Full Bench

G. Musariri

Areas of Law

Labour lawEmployment disciplinary proceedings

Keywords

dismissalmisappropriationdisciplinary hearingCCTV evidenceaccomplice evidence

Key Issues

{"issue_text":"Whether the charge of misappropriation was properly preferred under the theft/fraud category","issue_type":"procedural","dispositive":"no","related_facts":"The Code of Conduct contains broad theft/fraud charge with misappropriation as sub-species"}
{"issue_text":"Whether the co-accused was wrongly used as complainant's witness","issue_type":"procedural","dispositive":"no","related_facts":"Co-accused's written statement was part of record but he did not give viva voce evidence"}
{"issue_text":"Whether the witnesses were credible","issue_type":"factual","dispositive":"yes","related_facts":"Makusha's evidence was consistent with his written statement and corroborated by Tapera"}

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Facts of the Case

Background

Appellant was dismissed for attempted misappropriation of company assets after being caught on CCTV removing parts from a scrapped vehicle without permission. He appealed against his dismissal claiming wrongful allegations, improper use of co-accused as witness, and witness credibility issues.

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