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Labour Court

Gloria Heteckery v Adrenalin Advertising & Design

[2014] ZWLC 466

Case Details

Court
Labour Court
Date
1 August 2014
Citation
[2014] ZWLC 466
Judgment No.
LC/H/466/14
Outcome
unknown
Case Type
Appeal

Bench

Presiding
E. Muchawa J
Full Bench
E. Muchawa J
Areas of Law
Labour lawUnfair dismissalDisciplinary proceedings
Keywords
Confidential information disclosureDouble jeopardyDisciplinary authorityReinstatement
Tags
Disciplinary appealConfidential informationDouble jeopardy
legislation
Statutes Cited
  • Labour Act
  • Constitution of Zimbabwe
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the disciplinary authority erred in convicting on insufficient evidence","issue_type":"mixed","dispositive":"no","related_facts":"Absence of client testimony, lack of investigation report"}
  • {"issue_text":"Whether count 1 constituted double jeopardy after appellant was removed from Telecel account","issue_type":"legal","dispositive":"yes","related_facts":"Five-month delay in disciplinary proceedings, prior resolution by account removal"}
  • {"issue_text":"Whether information disclosed in count 2 was confidential information","issue_type":"legal","dispositive":"yes","related_facts":"Disclosure to client representative, nature of information about collateral distribution"}
  • {"issue_text":"Whether dismissal was appropriate penalty considering mitigatory factors","issue_type":"legal","dispositive":"no","related_facts":"Section 7(1) SI 15/2006 requirements, mitigating circumstances"}
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background
Facts of the Case

Background

The appellant, employed as Head of Client Services, was dismissed for allegedly divulging confidential client information on two occasions. She appealed the disciplinary authority's decision, arguing insufficient evidence, double jeopardy regarding the first count, and that the information disclosed was not truly confidential.
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