Victoria Foods (Pvt) Ltd v Dorcas Kambani

Key Issues

• {"issue_text":"Whether the arbitrator erred in finding that the respondent was unfairly dismissed when the charges were proved on a balance of probabilities.","issue_type":"fact","dispositive":"yes","related_facts":"Respondent's non-attendance, evidence presented to disciplinary committee"}
• {"issue_text":"Whether the respondent waived her right to challenge the dismissal by absconding the hearing.","issue_type":"law","dispositive":"yes","related_facts":"Respondent's decision not to attend hearing"}
• {"issue_text":"Whether the arbitrator erred in finding that disciplinary committee members had no right to preside due to potential bias.","issue_type":"fact","dispositive":"yes","related_facts":"Committee members' prior involvement in grievance proceedings"}
• {"issue_text":"Whether the arbitrator erred in law by interfering with the employer's discretion to dismiss.","issue_type":"law","dispositive":"yes","related_facts":"Nature of misconduct, employer's decision to dismiss"}

Background