Keziya Chikwati v Vineyard Funeral Assurance

[2014] ZWLC 495

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Case Details

Court

Labour Court

Date

9 July 2014

Citation

[2014] ZWLC 495

Judgment No.

LC/H/495/2014

Outcome

unknown

Case Type

Appeal

Bench

Presiding

E Muchawa

Full Bench

E Muchawa

Areas of Law

Labour lawEmployment disciplinary procedures

Keywords

Unfair dismissalDisciplinary hearingExternal hearing officerRetrialProcedural irregularity

Key Issues

{"issue_text":"Whether appointment of external designated officer was a procedural irregularity vitiating proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Small size of respondent company, works council not consulted"}
{"issue_text":"Whether second hearing and dismissal were fair given same facts were used","issue_type":"law","dispositive":"yes","related_facts":"Same subject matter, same parties, same grounds/facts"}
{"issue_text":"Whether dismissal penalty was proper","issue_type":"mixed","dispositive":"no","related_facts":"Appellant found guilty of \"lack of skill\" offence"}

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background

Facts of the Case

Background

The appellant, a receptionist, was dismissed for negligence regarding a missing blank receipt. After successful internal appeal leading to reinstatement, she was charged again under a different offence category for the same facts, failed to attend the hearing, was found guilty in absentia and dismissed. The matter proceeded through Local Joint Committee and Negotiating Committee before reaching the Labour Court.

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