Reuben Mwakasa v Great Zimbabwe University

[2013] ZWLC 15

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Case Details

Court

Labour Court

Date

11 July 2013

Citation

[2013] ZWLC 15

Judgment No.

LC/MS/15/13

Outcome

unknown

Case Type

Appeal

Bench

Presiding

E.F. Ndewere

Full Bench

E.F. Ndewere

Areas of Law

Labour LawEmployment LawDisciplinary Procedures

Keywords

absenteeismreasonable causedismissaldisciplinary committeeuniversity employment

Key Issues

{"issue_text":"Whether the appellant's absence from duty for 3½ weeks constituted absenteeism without reasonable cause justifying dismissal","issue_type":"mixed","dispositive":"yes","related_facts":"3½ week absence during examination period; claimed authorization by Head of Department; pursuit of Masters degree"}
{"issue_text":"Whether the arbitrator grossly misdirected herself in finding the absence constituted dismissible offence","issue_type":"law","dispositive":"no","related_facts":"Arbitrator's interpretation of reasonable cause under employment code"}

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Facts of the Case

Background

The appellant was employed by Great Zimbabwe University on a fixed-term contract from July 2009 to June 2010. He was absent from duty for three and a half weeks during September-October 2009 without obtaining leave, during critical examination period when he was required to invigilate examinations including his own examination paper. After disciplinary proceedings, his employment was terminated effective 31 December 2009. He appealed to an arbitrator who upheld the dismissal, and now appeals to the Labour Court.

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