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Case Details
Court
Labour Court
Date
27 September 2013
Citation
[2013] ZWLC 454
Judgment No.
LC/H/454/13
Outcome
unknown
Case Type
Appeal
Bench
Presiding
L. Kudya
Author
L.M. Murasi
Full Bench
L. KudyaL.M. Murasi
Areas of Law
Labour lawEmployment lawDisciplinary procedures
Keywords
Unsatisfactory work performanceButchery supervisorSpoiled stockDisciplinary hearingProcedural fairness
Tags
Disciplinary hearingUnsatisfactory work performanceDismissal appeal
legislation
Statutes Cited
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether appellant was afforded a fair hearing","issue_type":"procedural","dispositive":"no","related_facts":"Hearing held on 13 July 2011, appellant recorded as present, questions and answers in record"}
- {"issue_text":"Whether the hearing committee considered all evidence before making decision","issue_type":"procedural","dispositive":"no","related_facts":"Fridge failure claims, job cards not attended, previous stock destruction, appellant responsible for stock-takes"}
- {"issue_text":"Whether the penalty of dismissal was reasonable in the circumstances","issue_type":"mixed","dispositive":"yes","related_facts":"Serious nature of offence, appellant's experience and responsibility"}
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background
Facts of the Case
Background
Appellant, a butchery supervisor with 8 years experience and 17 years employment with respondent, was dismissed for unsatisfactory work performance after butchery stock worth $550.80 spoiled. He appealed claiming procedural unfairness and unreasonable penalty.
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