Tariro Mugawuri v DZIMBAHWE HOSPITALITY GROUP

Key Issues

• {"issue_text":"Whether the appellant's conduct of inciting a junior employee to falsely claim illness constituted misconduct inconsistent with her employment contract","issue_type":"mixed","dispositive":"yes","related_facts":"Appellant's supervisory role, incitement of Abigail Ngwenya, false illness claim"}
• {"issue_text":"Whether there was sufficient evidence to prove the misconduct on balance of probabilities","issue_type":"law","dispositive":"yes","related_facts":"Evidence from Abigail Ngwenya and Headman Madhiriza, appellant stopping only after being reported"}
• {"issue_text":"Whether the penalty of dismissal was appropriate","issue_type":"law","dispositive":"no","related_facts":"Employer took serious view of misconduct, employment relationship broken down"}
• {"issue_text":"Whether the disciplinary committee chairperson was biased","issue_type":"procedural","dispositive":"no","related_facts":"Ground not raised at initial hearing"}

Background