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Labour Court

Andrew Mashiri v Delta Beverages Private Limited

JUDGEMENT NO. LC/MS/6/2020

Case Details

Court
Labour Court
Date
18 March 2020
Citation
JUDGEMENT NO. LC/MS/6/2020
Neutral Citation
[2020] ZWLC 6 (Masvingo)
Judgment No.
LC/MS/6/2020
Outcome
unknown
Case Type
Review

Bench

Presiding
B.T. Chivizhe
Full Bench
B.T. Chivizhe
Areas of Law
Labour LawEmployment Law
Keywords
disciplinary proceedingsreviewnatural justiceprocedural irregularitypoint in liminefair hearing
Tags
disciplinary proceedingsreview applicationnatural justiceprocedural irregularity
legislation
Statutes Cited
  • Labour Act
  • Delta Beverages Employment Code of Conduct (2003)
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the disciplinary proceedings were conducted in accordance with natural justice principles","issue_type":"law","dispositive":"yes","related_facts":"Applicant's dismissal after disciplinary hearing"}
  • {"issue_text":"Whether the Disciplinary Committee properly addressed the preliminary points raised by Applicant","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's request for venue change and splitting of charges"}
  • {"issue_text":"Whether Applicant was denied opportunity to present his defense and call witnesses","issue_type":"procedural","dispositive":"partial","related_facts":"Disciplinary hearing procedures"}
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background
Facts of the Case

Background

Applicant Andrew Mashiri, employed as Depot Controller at DBC Chipinge, was dismissed after being found guilty of two charges of neglect of duty. The disciplinary proceedings were conducted at three levels of Respondent's disciplinary structure. The Applicant sought review of these proceedings alleging procedural irregularities and denial of natural justice.
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