Lloyd Marechera v National Social Security Authority

[2016] ZWLC 334

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Case Details

Court

Labour Court

Date

17 March 2016

Citation

[2016] ZWLC 334

Judgment No.

LC/H/334/2016

Outcome

unknown

Case Type

Appeal

Bench

Presiding

B.S. Chidziva

Full Bench

B.S. Chidziva

Areas of Law

Labour lawEmployment lawDisciplinary proceedings

Keywords

dismissalmisconductfraudthefttonnersdisciplinary committeeappeals committee

Key Issues

{"issue_text":"Whether communication of verdict outside timeframe stipulated in Code of Conduct vitiates proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Verdict delivered 2 days late"}
{"issue_text":"Whether Appeals Committee erred in finding witnesses credible","issue_type":"factual","dispositive":"no","related_facts":"Multiple witnesses from different departments testified"}
{"issue_text":"Whether evidence was sufficient to prove misconduct on balance of probabilities","issue_type":"factual","dispositive":"yes","related_facts":"Circumstantial evidence of systematic tonner collection"}
{"issue_text":"Whether dismissal was appropriate penalty for the misconduct","issue_type":"law","dispositive":"yes","related_facts":"Dishonesty going to root of employment relationship"}

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background

Facts of the Case

Background

The appellant, employed for 11 years as a clerk responsible for filing and stationery collection, was dismissed for fraud and theft involving collection of printer tonners from stores that were never delivered to the intended departments. The disciplinary committee found him guilty of systematically collecting tonners on various dates under false pretenses.

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