Vongai Chiwaridzo v TM Supermarkets

JUDGMENT NO. LC/H/444/2012

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Case Details

Court

Labour Court

Date

9 November 2011

Citation

JUDGMENT NO. LC/H/444/2012

Neutral Citation

[2012] ZWLC 444

Judgment No.

LC/H/444/2012

Outcome

unknown

Case Type

Appeal

Bench

Presiding

B.T Chivizhe

Full Bench

B.T Chivizhe

Areas of Law

Employment LawLabour Law

Keywords

nullityprocedural irregularityunfair dismissalarbitral award

Key Issues

{"issue_text":"Whether the Arbitrator erred in not awarding damages in lieu of reinstatement","issue_type":"law","dispositive":"yes","related_facts":"The appellant argued that reinstatement was not tenable and damages should have been awarded"}
{"issue_text":"Whether the Arbitrator erred in allowing the respondent to commence fresh disciplinary proceedings","issue_type":"law","dispositive":"no","related_facts":"The arbitrator ordered reinstatement but allowed employer to conduct fresh disciplinary process"}
{"issue_text":"Whether the appellant was properly convicted on the misconduct charges","issue_type":"law","dispositive":"yes","related_facts":"The appellant was convicted on two counts of misconduct"}

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background

Facts of the Case

Background

The appellant, employed as Finance Director, was suspended on 8 September 2010 and subsequently dismissed for misconduct charges related to failure to draw contracts for contractual workers and inflating her salary in a loan application. The suspension was found to be procedurally defective, rendering subsequent disciplinary proceedings invalid.

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