TAFADZWA GARAKARA v EASIPARK HARARE (PRIVATE) LIMITED

Key Issues

• {"issue_text":"Whether the presence of Mr Philemon at the disciplinary proceedings was proper","issue_type":"procedural","dispositive":"no","related_facts":"Mr Philemon participated in disciplinary hearing despite Code not providing for employer legal representation"}
• {"issue_text":"Whether the Negotiating Committee erred in upholding conviction in absence of evidence","issue_type":"substantive","dispositive":"no","related_facts":"Whether respondent proved sabotage charge against appellant"}
• {"issue_text":"Whether the Negotiating Committee erred in upholding determination not supported by reasons","issue_type":"procedural","dispositive":"no","related_facts":"Whether Designated Officer provided adequate reasons for decision"}
• {"issue_text":"Whether the Negotiating Committee erred in upholding determination made without considering mitigation","issue_type":"procedural","dispositive":"no","related_facts":"Whether mitigating factors were considered before imposing dismissal penalty"}
• {"issue_text":"Whether the Negotiating Committee misdirected itself in finding charges were properly levelled in time","issue_type":"procedural","dispositive":"no","related_facts":"Whether 5-month delay in convening disciplinary proceedings was unreasonable"}

Background