Guardian Security v Albert Dzvakakuyambwa

[2016] ZWLC 137

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Case Details

Court

Labour Court

Date

14 January 2016

Citation

[2016] ZWLC 137

Judgment No.

LC/H/137/2016

Outcome

unknown

Case Type

Appeal

Bench

Presiding

E. Makamure

Full Bench

E. Makamure

Areas of Law

Labour lawEmployment law

Keywords

wilful disobediencelawful ordersecurity guarddismissalarbitration

Key Issues

{"issue_text":"Whether the respondent was guilty of wilful disobedience to a lawful order","issue_type":"mixed","dispositive":"yes","related_facts":"Order given by client's operations manager; respondent under employer instructions not to leave post"}
{"issue_text":"Whether dismissal was the appropriate penalty","issue_type":"law","dispositive":"no","related_facts":"Arbitrator found lesser penalty appropriate"}

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Facts of the Case

Background

The respondent, a security guard employed by Guardian Security, was dismissed for refusing to leave his post unattended at 3:00am when ordered by a client's operations manager to call another guard. The arbitrator found the dismissal unfair, holding that the respondent acted within his duties by refusing to leave his post unguarded.

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