Issac Dziyike v Cailogistics (Pvt) Ltd

[2024] ZWLC 25

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Case Details

Court

Labour Court

Date

10 October 2024

Citation

[2024] ZWLC 25

Judgment No.

LC/H/25/25

Outcome

unknown

Case Type

Appeal

Bench

Presiding

E. Makamure

Full Bench

E. Makamure

Areas of Law

Labour lawEmployment lawDisciplinary proceedings

Keywords

Unfair dismissalBurden of proofTheft chargesDisciplinary hearingReinstatement

Key Issues

{"issue_text":"Whether the disciplinary authority erred by requiring the appellant to prove his innocence","issue_type":"legal","dispositive":"yes","related_facts":"Appellant was convicted partly for failing to disprove allegations; appeals officer confirmed appellant was not denied opportunity to prove innocence"}

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Facts of the Case

Background

The appellant, a driver employed by the respondent, was dismissed for allegedly syphoning 153 litres of fuel from truck number 1032 on 27 April 2024. He was convicted of theft during disciplinary proceedings partly because he failed to prove his innocence. His internal appeal was dismissed, leading to this Labour Court appeal.

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