Pearson Gwamanda v Tobacco Research Board

Key Issues

• {"issue_text":"Whether the disciplinary committee was biased against the applicant","issue_type":"procedural","dispositive":"no","related_facts":"Alleged inconsistencies in witness testimony that were ignored"}
• {"issue_text":"Whether the respondent breached the requirement to give 3 working days notice","issue_type":"procedural","dispositive":"no","related_facts":"Notice served Thursday for Monday hearing"}
• {"issue_text":"Whether the disciplinary committee was improperly constituted with 3 members instead of 4","issue_type":"procedural","dispositive":"no","related_facts":"Article 7 of Employment Code requires 4-member panel"}
• {"issue_text":"Whether the standard of proof should have been beyond reasonable doubt for criminal allegations","issue_type":"law","dispositive":"no","related_facts":"Charges involved alleged sexual misconduct constituting criminal offence"}
• {"issue_text":"Whether the applicant was denied his right to appeal","issue_type":"procedural","dispositive":"no","related_facts":"Appeals Committee never sat despite attempts to convene it"}
• {"issue_text":"Whether the suspension without pay for more than 14 days was justified","issue_type":"procedural","dispositive":"no","related_facts":"Applicant suspended without pay from July 11 to August 16, 2022"}

Background