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Case Details
Court
Labour Court
Date
11 October 2013
Citation
LC/H/437/2012
Neutral Citation
[2013] ZWLC 437
Outcome
unknown
Case Type
Appeal
Bench
Presiding
B.T. Chivizhe
Full Bench
B.T. Chivizhe
Areas of Law
Labour LawEvidence Law
Keywords
Unfair dismissalBriberyWitness credibilityArbitrationBalance of probabilities
Tags
Appeal against arbitral awardBribery allegationsWitness credibilityBalance of probabilities
legislation
Statutes Cited
- Statutory Instrument 15 of 2006
ai analysis
Case Summary
Key Issues
- {"issue_text":"Did the arbitrator misdirect himself in law by relying on the evidence of Lovemore Chikuvanyanga Musekiwa, a witness of allegedly dubious credibility?","issue_type":"law","dispositive":"yes","related_facts":"Musekiwa’s testimony, affidavit, reporting to supervisor, loan recommendation by appellant"}
- {"issue_text":"Was the appellant’s liability proven on a balance of probabilities?","issue_type":"fact","dispositive":"yes","related_facts":"Consistency of Musekiwa’s testimony, corroboration by Ryan, lack of contradiction in evidence"}
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background
Facts of the Case
Background
The appellant, Innocent Gambiza, was employed as a Relationship Manager by ZB Bank (Ltd). He was dismissed following allegations of demanding a bribe from a client, Mr. Musekiwa, and coercing another client for money and lunch. The disciplinary authority found him guilty, and an arbitrator upheld the dismissal as fair. The appellant appealed to the Labour Court, challenging the credibility of the witnesses and the sufficiency of evidence.
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