Allied Timbers Zimbabwe (Private) Limited v Francis Makoko

[2025] ZWLC 395

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Case Details

Court

Labour Court

Date

30 September 2025

Citation

[2025] ZWLC 395

Judgment No.

LC/H/395/25

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Mzyece J

Full Bench

Mzyece J

Areas of Law

Labour lawDisciplinary proceedingsArbitration

Keywords

gross incompetencere-employmentfraudulent activitiesdisciplinary codearbitration award

Key Issues

{"issue_text":"Whether the arbitrator erred in finding the disciplinary committee misdirected itself by finding respondent guilty of offence different from that charged","issue_type":"law","dispositive":"yes","related_facts":"Disciplinary committee found respondent guilty of failing to follow procedures, not gross incompetence as charged"}
{"issue_text":"Whether there was evidence that respondent knew of Dzunzi's fraudulent activities","issue_type":"fact","dispositive":"yes","related_facts":"No evidence presented at hearing that respondent had knowledge"}

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Facts of the Case

Background

Respondent employed for 21 years as HR Officer, dismissed for gross incompetence after re-employing former employee with history of fraud. Disciplinary hearing found him guilty, internal appeal dismissed. Arbitrator upheld his appeal finding no evidence he knew of fraud. Appellant appealed to Labour Court.

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