M & M Scale v Sylvester Chakala

[2014] ZWLC 375

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Case Details

Court

Labour Court

Date

4 July 2014

Citation

[2014] ZWLC 375

Judgment No.

LC/H/375/2014

Outcome

unknown

Case Type

Appeal

Bench

Presiding

The Honourable P. Muzofa

Author

P. Muzofa J

Full Bench

P. Muzofa J

Areas of Law

Labour lawEmployment disputesUnfair dismissal

Keywords

Code of conductNational Employment Code of ConductReinstatementTheft allegationsGross negligenceDisciplinary hearing

Key Issues

{"issue_text":"Whether the appellant used a code of conduct to dismiss the respondent as required by section 12(B)(2)(a) of the Labour Act","issue_type":"law","dispositive":"yes","related_facts":"No code cited in charge; appellant had no registered code; claimed to use National Code"}
{"issue_text":"Whether there was substantial compliance with requirements of natural justice","issue_type":"procedural","dispositive":"no","related_facts":"Disciplinary proceedings were held; appellant argues totality of proceedings should be considered"}

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Facts of the Case

Background

The respondent employee was dismissed for alleged theft of 2000 litres of petrol, gross negligence, and other misconduct. After disciplinary proceedings, he was dismissed. An arbitrator ordered reinstatement or damages, leading to this appeal by the employer.

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