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Labour Court

Guardian Security Services (Pvt) Ltd v Stephen Madora & 3 Others

[2016] ZWLC 14

Case Details

Court
Labour Court
Date
8 July 2016
Citation
[2016] ZWLC 14
Judgment No.
LC/MC/14/2016
Outcome
unknown
Case Type
Appeal

Bench

Presiding
L M Murasi J
Full Bench
L M Murasi J
Areas of Law
Labour lawUnfair dismissalDisciplinary procedures
Keywords
Security guardsArrear salariesAbsenteeismArbitrationGross misdirection
Tags
Disciplinary hearingAbsenteeismArbitration award appeal
legislation
Statutes Cited
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the grounds of appeal raise any points of law","issue_type":"procedural","dispositive":"yes","related_facts":"Notice of Appeal filed without proper grounds"}
  • {"issue_text":"Whether the appellant proved its case against the respondents on a balance of probability","issue_type":"mixed","dispositive":"yes","related_facts":"No evidence adduced that respondents were on duty"}
  • {"issue_text":"Whether proper disciplinary procedures were followed","issue_type":"procedural","dispositive":"no","related_facts":"No witnesses called, no finding of guilt recorded"}
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background
Facts of the Case

Background

The respondents, employed as security guards by the appellant, were dismissed for absenteeism after traveling to Harare to claim arrear salaries. The matter went to arbitration where the arbitrator ruled in favour of the respondents. The appellant appealed to the Labour Court.
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