Michael Henry Browne v Tanganda Tea Company

[2013] ZWLC 28

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Case Details

Court

Labour Court

Date

30 August 2013

Citation

[2013] ZWLC 28

Judgment No.

LC/MC/28/13

Outcome

unknown

Case Type

Appeal

Bench

Presiding

E.F. Ndewere

Full Bench

E.F. Ndewere

Areas of Law

Labour lawEmployment disputesDisciplinary proceedings

Keywords

Unfair dismissalPrescription of offencesDisciplinary hearingMacadamia seedlingsSexual relationships

Key Issues

{"issue_text":"Whether the disciplinary offences had prescribed under Section 15 of the Prescription Act","issue_type":"procedural","dispositive":"yes","related_facts":"Company awareness in 2010, disciplinary hearing in 2011"}
{"issue_text":"Whether the appeal hearing officer erred in finding the appellant guilty of sexual relationships with subordinates","issue_type":"mixed","dispositive":"no","related_facts":"Evidence of Eulator Makuyana, corroborating witnesses"}
{"issue_text":"Whether the appeal hearing officer erred in finding gross negligence regarding macadamia seedlings","issue_type":"mixed","dispositive":"no","related_facts":"Consultant reports, appellant's accountability, failure to graft"}

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Facts of the Case

Background

The appellant, a senior manager at Tanganda Tea Company, was dismissed for misconduct related to sexual relationships with subordinates and gross negligence in failing to graft macadamia seedlings. He appealed to the Labour Court claiming the offences had prescribed and that the disciplinary findings were flawed.

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