Zimbabwe Agricultural Society v Tawanda Mutsambi

JUDGMENT NO. LC/H/524/2016

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Case Details

Court

Labour Court

Date

15 July 2016

Citation

JUDGMENT NO. LC/H/524/2016

Neutral Citation

[2016] ZWLC 524

Judgment No.

LC/H/524/2016

Outcome

unknown

Case Type

Appeal

Bench

Presiding

L. Hove

Full Bench

L. Hove

Areas of Law

Employment LawLabour Law

Keywords

Disciplinary hearingFinal written warningDismissalLabour OfficerAppealReview

Key Issues

{"issue_text":"Whether the Labour Officer exceeded her mandate by granting relief not motivated by the grounds of appeal and without a cross-appeal","issue_type":"procedural","dispositive":"yes","related_facts":"The Labour Officer dismissed the employer's appeal against the disciplinary authority's decision"}
{"issue_text":"Whether the penalty of final written warning was appropriate given the circumstances of the misconduct","issue_type":"mixed","dispositive":"yes","related_facts":"The respondent used an alias for the CEO's son with the CEO's knowledge and authorization"}

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background

Facts of the Case

Background

The respondent, employed as a human resources manager, was found guilty of falsifying employment records by using an alias for the CEO's son. The disciplinary authority imposed a final written warning, which the employer appealed, seeking dismissal. Both the disciplinary authority and Labour Officer found dismissal inappropriate.

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