Obert Charlie v National Tyre Services Ltd

[2014] ZWLC 188

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Case Details

Court

Labour Court

Date

19 March 2014

Citation

[2014] ZWLC 188

Judgment No.

LC/H/188/14

Outcome

unknown

Case Type

Appeal

Bench

Presiding

G Musariri

Full Bench

G Musariri

Areas of Law

Labour lawEmployment disputes

Keywords

InsubordinationDisciplinary hearingCode of Conduct registrationProcedural irregularityReview vs appeal

Key Issues

{"issue_text":"Whether procedural irregularities raised (unregistered Code, bias, irregular proceedings) could be determined through appeal rather than review","issue_type":"procedural","dispositive":"no","related_facts":"Appellant raised grounds challenging decision-making process rather than decision itself"}
{"issue_text":"Whether appellant was guilty of insubordination for failing to comply with lawful instruction","issue_type":"mixed","dispositive":"yes","related_facts":"Appellant failed to submit report by deadline while on final warning"}
{"issue_text":"Whether dismissal was appropriate sanction for insubordination offence","issue_type":"law","dispositive":"yes","related_facts":"Appellant committed serious offence while on final written warning"}

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background

Facts of the Case

Background

Appellant employee was dismissed for insubordination after failing to comply with lawful instruction to submit written report by specified deadline while on final written warning. He appealed against dismissal raising procedural irregularities and merits of disciplinary finding.

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