Sheckem Barrister Ngazimbi v Murowa Diamonds (Private) Limited

[2024] ZWSC 63

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Case Details

Court

Supreme Court

Date

14 June 2024

Citation

[2024] ZWSC 63

Judgment No.

SC 63/24

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Gwaunza DCJ

Author

Mathonsi JA

Full Bench

Gwaunza DCJMathonsi JAChitakunye JA

Areas of Law

Labour lawEmployment lawDisciplinary proceedings

Keywords

Disciplinary hearingWaiverAnnual leaveMisconductAbsenteeism

Key Issues

{"issue_text":"Whether an employee waives their right to challenge disciplinary proceedings by deliberately absenting themselves from a disciplinary hearing","issue_type":"law","dispositive":"yes","related_facts":"Appellant refused to attend hearing during annual leave"}
{"issue_text":"Whether an employer can require an employee on annual leave to attend a disciplinary hearing","issue_type":"law","dispositive":"no","related_facts":"Hearing scheduled during appellant's leave"}

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background

Facts of the Case

Background

The appellant, employed as a security superintendent, was dismissed for misconduct after being involved in a fatal accident while driving a company vehicle at night in violation of company policy. He refused to attend disciplinary hearings scheduled during his annual leave, claiming the process was unlawful.

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