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Supreme Court
Samuel Mkozho v Standard Chartered Bank Zimbabwe Limited
[2020] ZWSC 73
Case Details
Court
Supreme Court
Date
5 June 2020
Citation
[2020] ZWSC 73
Judgment No.
SC 73/20
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Gwaunza DCJ
Author
Makoni JA
Full Bench
Gwaunza DCJMakarau JAMakoni JA
Areas of Law
Labour lawEvidence law
Keywords
MisconductBalance of probabilitiesReinstatementNEC Appeals Board
Tags
Disciplinary hearingStandard of proofCircumstantial evidence
legislation
Statutes Cited
- Supreme Court Rules
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether NEC Appeals Board used criminal standard of proof instead of civil standard","issue_type":"law","dispositive":"yes","related_facts":"NEC Appeals Board cited R v Blom case and applied circumstantial evidence rules"}
- {"issue_text":"Whether order of reinstatement without damages alternative is competent","issue_type":"law","dispositive":"no","related_facts":"Labour Court found NEC Appeals Board erred in not offering damages alternative"}
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background
Facts of the Case
Background
The appellant, a bank employee and trade union representative, was dismissed for allegedly masterminding a plan to plant money in a colleague's drawer to defeat theft charges. The NEC Appeals Board reinstated him, but the Labour Court upheld the bank's appeal, confirming the dismissal.
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