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Labour Court
Tendai Nyazema Mupokosa v Zimbabwe Parks & Wildlife Management Authority
[2016] ZWLC 209
Case Details
Court
Labour Court
Date
8 April 2016
Citation
[2016] ZWLC 209
Judgment No.
LC/H/209/16
Outcome
unknown
Case Type
Appeal
Bench
Presiding
E. Muchawa
Full Bench
E. Muchawa
Areas of Law
Employment LawDisciplinary Law
Keywords
disobedience to lawful ordertsetse flyhealth hazardanti-poaching patrolincursion
Tags
unfair dismissallawful ordercode of conductindependent assessment
legislation
Statutes Cited
- Zimbabwe Parks & Wildlife Management Authority Code of Conduct and Grievance Procedures
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the order to react to an incursion was a lawful order","issue_type":"law","dispositive":"yes","related_facts":"Appellant refused order citing tsetse danger; Code requires independent assessment for unsafe instructions"}
- {"issue_text":"Whether failure to obtain independent assessment rendered the instruction unlawful","issue_type":"law","dispositive":"yes","related_facts":"Code provision 3.5.1(ii) requires independent assessment when employee perceives instruction as unsafe"}
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background
Facts of the Case
Background
Appellant, a ranger employed since 2005, refused to participate in emergency anti-poaching patrol at Marongora Field Station citing tsetse fly danger. He was charged with five offences, found guilty and dismissed. Appeals committee upheld the disobedience charge. Appellant appealed arguing the instruction was unsafe and required independent assessment per code.
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