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Labour Court

Garimoto Garimoto v Watershed College

[2014] ZWLC 698

Case Details

Court
Labour Court
Date
24 October 2014
Citation
[2014] ZWLC 698
Judgment No.
LC/H/698/14
Outcome
unknown
Case Type
Appeal

Bench

Presiding
E. Muchawa J
Full Bench
E. Muchawa J
Areas of Law
Labour lawEmployment disciplinary procedures
Keywords
wage advancedisciplinary committee compositionrecord of proceedingsdishonestyreinstatement
Tags
disciplinary hearinggross misconducttheft allegationprocedural irregularities
legislation
Statutes Cited
  • Employment Code of Conduct for Welfare and Educational Institutions
  • Employment Code of Conduct for Welfare and Educational Institutions
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether disciplinary committee composition violated code of conduct","issue_type":"procedural","dispositive":"no","related_facts":"Mr Mtuma notified appellant of hearing and was complainant"}
  • {"issue_text":"Whether record of proceedings was accurate and fairly relied upon","issue_type":"procedural","dispositive":"no","related_facts":"Allegations of inaccuracies, omissions and misquotations in minutes"}
  • {"issue_text":"Whether appellant committed act of dishonesty by fraudulently obtaining $160 advance","issue_type":"mixed","dispositive":"yes","related_facts":"Paper trail shows $160 approved and paid; prior similar advances documented"}
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background
Facts of the Case

Background

Appellant employee was dismissed for allegedly amending a wage advance request form from $60 to $160 and fraudulently obtaining the higher amount. Disciplinary hearing found him guilty of gross misconduct. Appeals to CEO and NEC Appeals Committee confirmed dismissal. Appellant appealed to Labour Court challenging procedural irregularities and conviction.
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