Mary Musindo v Zimbabwe Platinum Mines (Private) Limited

LC/H/47/23

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Case Details

Court

Labour Court

Date

27 March 2023

Citation

LC/H/47/23

Neutral Citation

[2023] ZWLC 47

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Honourable Makamure J

Author

Makamure J

Full Bench

Makamure J

Areas of Law

Employment LawLabour RelationsDisciplinary Procedures

Keywords

COVID-19 vaccination requirementsPCR testingAbsenteeismDismissalMaternity leaveNatural justice

Key Issues

{"issue_text":"Whether the appellant had a reasonable excuse for her absence from work after being denied workplace entry","issue_type":"mixed","dispositive":"yes","related_facts":"Financial constraints, nursing mother status, COVID-19 requirements"}
{"issue_text":"Whether the disciplinary proceedings were conducted in accordance with natural justice and fairness","issue_type":"procedural","dispositive":"no (struck out as review ground)","related_facts":"Appeal panel conduct, impartial adjudication"}
{"issue_text":"Whether dismissal was an appropriate penalty given the circumstances","issue_type":"law","dispositive":"no","related_facts":"No previous disciplinary record, financial constraints, health issues"}

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background

Facts of the Case

Background

Mary Musindo, employed as a mine surveyor, was dismissed for absenteeism after being denied workplace entry due to failure to produce COVID-19 vaccination certificate or PCR test. She was absent from work for 5 days without communicating with her employer about her absence.

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