Joshua Chirikutsi v Zimbabwe Power Company (Pvt) Ltd

[2020] ZWLC 290

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Case Details

Court

Labour Court

Date

4 December 2020

Citation

[2020] ZWLC 290

Judgment No.

LC/H/290/2020

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Makamure J

Full Bench

Makamure J

Areas of Law

Labour lawEmployment lawPublic finance management

Keywords

Unfair dismissalGross misconductAdvance payment guaranteePublic Finance Management ActMinisterial pressure

Key Issues

{"issue_text":"Whether the Disciplinary Authority erred in finding that locus standi of Board member was not challenged","issue_type":"procedural","dispositive":"no","related_facts":"Board member presence at disciplinary hearing"}
{"issue_text":"Whether there was waiver of advance payment guarantee requirement","issue_type":"mixed","dispositive":"yes","related_facts":"Alleged waiver by substantive Managing Director, ministerial pressure"}
{"issue_text":"Whether dismissal was appropriate penalty for the misconduct","issue_type":"law","dispositive":"yes","related_facts":"Seriousness of breach, trust relationship, mitigatory circumstances"}

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background

Facts of the Case

Background

The appellant, former Operations Director and Acting Managing Director of Zimbabwe Power Company, was dismissed for authorizing advance payments totaling US$870,000 to Intratek Zimbabwe (Private) Limited without obtaining the required advance payment guarantee, in violation of the contract and public finance management requirements.

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