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Labour Court

Sandvik Mining & Construction Zimbabwe (Private) Limited v Elias Ncube

[2013] ZWLC 463

Case Details

Court
Labour Court
Date
27 September 2013
Citation
[2013] ZWLC 463
Judgment No.
LC/H/463/2013
Outcome
unknown
Case Type
Appeal

Bench

Presiding
L Kudya
Full Bench
L Kudya
Areas of Law
Labour lawDisciplinary procedures
Keywords
TheftDishonestyDismissalPenalty substitutionGeneral Engineering Committee
Tags
Disciplinary actionTheftAppeal against penalty
legislation
Statutes Cited
  • Industry’s Code of Conduct (statutory or collective-bargaining instrument – exact title not given)
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether G.E.C was correct in substituting dismissal with written warning","issue_type":"mixed","dispositive":"yes","related_facts":"Employee found guilty of theft, G.E.C imposed written warning instead of dismissal"}
  • {"issue_text":"Whether employer had right of appeal to G.E.C","issue_type":"procedural","dispositive":"no","related_facts":"Industry Code provisions on appeal rights"}
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background
Facts of the Case

Background

Employee was dismissed for stealing paint from workplace. General Engineering Committee set aside dismissal and substituted written warning. Employer appealed to Labour Court.
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