Nemchem International v Anceline Madhori

SC 162/20

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Case Details

Court

Supreme Court

Date

20 November 2020

Citation

SC 162/20

Neutral Citation

[2020] ZWSC 162

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Gwaunza DCJ

Author

Bhunu JA

Full Bench

Gwaunza DCJMavangira JABhunu JA

Areas of Law

Labour LawEmployment Law

Keywords

unfair dismissalmisconductsafety rulesfood deduction formsdisciplinary committee

Key Issues

{"issue_text":"Whether refusal to sign food deduction forms constituted violation of safety rules or measures under NECCS code of conduct","issue_type":"mixed","dispositive":"yes","related_facts":"Respondent's refusal to sign forms; forms were not safety measures but debt collection mechanisms"}
{"issue_text":"Whether food deductions could be made without employee's written consent under s 12 A (6) (e) of the Labour Act","issue_type":"law","dispositive":"yes","related_facts":"No money advanced to respondent; no consent given for deductions"}

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background

Facts of the Case

Background

The appellant, a cleaning services company, dismissed the respondent employee for refusing to sign food deduction forms at a client premises where outside food was prohibited. The respondent argued he could provide his own food and refused to authorize deductions from his wages.

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