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Labour Court

Kingstons Limited v Shepherd Mudzingwa

[2016] ZWLC 624

Case Details

Court
Labour Court
Date
7 October 2016
Citation
[2016] ZWLC 624
Judgment No.
LC/H/624/16
Outcome
unknown
Case Type
Appeal

Bench

Presiding
G Musariri
Full Bench
G Musariri
Areas of Law
Labour lawEmployment disputes
Keywords
ReinstatementArbitration awardWillful disobedienceCriminal activities disclosure
Tags
Arbitration award appealMisconductRefusal to follow lawful instructions
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Statutes Cited
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ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the instruction issued to respondent to reveal names of people allegedly involved in criminal activities was lawful","issue_type":"law","dispositive":"yes","related_facts":"Respondent's refusal to name perpetrators; company's instruction to disclose names"}
  • {"issue_text":"Whether respondent's refusal to disclose names constituted willful disobedience to lawful instructions","issue_type":"mixed","dispositive":"yes","related_facts":"Respondent's report mentioned people by titles and names; concluding paragraph refusal"}
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background
Facts of the Case

Background

The appellant employer dismissed the respondent employee for allegedly refusing to disclose names of persons engaged in criminal activities at the Masvingo branch despite instructions to do so. The arbitrator ordered reinstatement, finding the misconduct was not proved. The employer appealed to the Labour Court.
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