Johannes Manyenga v Petrozim (Private) Limited

SC 40/23

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Case Details

Court

Supreme Court

Date

18 May 2023

Citation

SC 40/23

Neutral Citation

[2023] ZWSC 40

Outcome

unknown

Case Type

Appeal

Bench

Presiding

MAKONI JA

Full Bench

MAVANGIRA JAMAKONI JACHITAKUNYE JA

Areas of Law

Labour lawEmployment contractsDisciplinary proceedings

Keywords

Objective impossibilityActing General ManagerBoard reporting obligationsDismissalReinstatement

Key Issues

{"issue_text":"Whether the principle of objective impossibility applies to excuse appellant's failure to report to Board","issue_type":"law","dispositive":"yes","related_facts":"No Board meetings held; GM-only communication policy"}
{"issue_text":"Whether appellant had duty to report to Board Chairman instead of Board","issue_type":"law","dispositive":"yes","related_facts":"Board resolution on communication channels"}
{"issue_text":"Whether court a quo misdirected itself in treating appeal as challenging discretion rather than factual findings","issue_type":"procedural","dispositive":"no","related_facts":"Nature of grounds of appeal"}

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background

Facts of the Case

Background

The appellant, employed as Deputy General Manager, was dismissed for allegedly failing to report operational challenges to the Board during periods he acted as General Manager. The Labour Court upheld the dismissal. The Supreme Court found it was objectively impossible for him to report to a Board that never convened and reinstated him.

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