Philip Siyado v CFI Retail Ltd (Vetco)

[2016] ZWLC 386

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Case Details

Court

Labour Court

Date

10 May 2016

Citation

[2016] ZWLC 386

Judgment No.

LC/H/386/2016

Outcome

unknown

Case Type

Appeal and Cross-Appeal

Bench

Presiding

P. Muzofa

Full Bench

P. Muzofa

Areas of Law

Labour LawEmployment LawDisciplinary Proceedings

Keywords

dismissalfraudbalance of probabilitiesdisciplinary hearingCMT product

Key Issues

{"issue_text":"Whether there was adequate evidence to establish appellant's liability for misconduct","issue_type":"mixed","dispositive":"yes","related_facts":"Appellant obtained CMT under false pretenses and sold at reduced price"}
{"issue_text":"Whether the penalty of dismissal was properly imposed","issue_type":"law","dispositive":"yes","related_facts":"Appellant found guilty of fraud and conduct inconsistent with contract"}
{"issue_text":"Whether there was splitting of charges by the arbitrator","issue_type":"procedural","dispositive":"no","related_facts":"Arbitrator focused on fraud charge despite two charges being preferred"}

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background

Facts of the Case

Background

The appellant, a microbiologist employed by the respondent, was dismissed for misconduct after he obtained CMT product under false pretenses (claiming it was for quality control) and sold it at half price to Mr Grierson. The disciplinary committee found him liable for misconduct related to the CMT sale.

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