Pioneer Coaches (Pvt) Ltd v Nicholas Mukarati

[2016] ZWLC 650

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Case Details

Court

Labour Court

Date

21 October 2016

Citation

[2016] ZWLC 650

Judgment No.

LC/H/650/2016

Outcome

unknown

Case Type

Appeal

Bench

Presiding

G. Musariri

Full Bench

G. Musariri

Areas of Law

Labour lawEmployment misconductArbitration review

Keywords

Gross incompetenceFinancial misstatementManaging Director dutiesArbitration award review

Key Issues

{"issue_text":"Whether the arbitrator grossly erred in failing to find that the respondent was grossly incompetent","issue_type":"law","dispositive":"yes","related_facts":"Understatement of loss by over ten times, Managing Director's duties"}
{"issue_text":"Whether the arbitrator erred in relying on an affidavit without allowing cross-examination","issue_type":"procedural","dispositive":"no","related_facts":"Evidence presentation at arbitration"}
{"issue_text":"Whether the arbitral award was grossly unreasonable and irrational","issue_type":"law","dispositive":"no","related_facts":"Overall assessment of evidence"}

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background

Facts of the Case

Background

The respondent, a Managing Director, reported a loss of USD 56,930 to the Board which was later adjusted by auditors to USD 657,365. He also approved service awards and staff loans while the company was experiencing significant losses. The appellant charged him with gross incompetence and dismissed him.

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