Graphtec Communication v Nedson Balaka

[2014] ZWLC 782

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Case Details

Court

Labour Court

Date

21 November 2014

Citation

[2014] ZWLC 782

Judgment No.

LC/H/782/2014

Outcome

unknown

Case Type

Appeal

Bench

Presiding

R. Manyangadze

Full Bench

R. Manyangadze

Areas of Law

Labour LawEmployment LawDisciplinary Proceedings

Keywords

theftfrauddishonestydismissalreinstatementfinal written warningemployment relationshiptrust and confidence

Key Issues

{"issue_text":"Whether the NEC Appeals Committee exercised its discretion properly when it substituted the Disciplinary Committee's penalty of dismissal with that of a Final Written Warning","issue_type":"law","dispositive":"yes","related_facts":"Appeals Committee substituted penalty without showing gross misdirection by Disciplinary Committee"}

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background

Facts of the Case

Background

The respondent employee was dismissed by his employer's Disciplinary Committee for misconduct involving theft/fraud after carrying out private jobs not recorded in company records. The National Employment Council Appeals Committee set aside the dismissal, ordered reinstatement and issued a final written warning. The employer appealed against this decision.

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