Austine Mwale v ZUPCO (Private) Limited

[2016] ZWLC 804

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Case Details

Court

Labour Court

Date

16 December 2016

Citation

[2016] ZWLC 804

Judgment No.

LC/H/804/2016

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Muchawa J

Full Bench

Muchawa J

Areas of Law

Labour lawEmployment disciplinary proceedings

Keywords

Gross negligenceSecurity personnelFuel theftDisciplinary appeal

Key Issues

{"issue_text":"Whether the appellant reported damage and theft to superiors","issue_type":"factual","dispositive":"no","related_facts":"Appellant's testimony about reporting to Makunde and Madzivire; contradictions in versions"}
{"issue_text":"Whether there was selective application of law in singling out appellant","issue_type":"legal","dispositive":"no","related_facts":"Other staff had access; appellant worked night shift only; others were charged separately"}
{"issue_text":"Whether appellant was responsible for safekeeping fuel and fuel savours","issue_type":"mixed","dispositive":"yes","related_facts":"Job description duties; no formal handover; appellant's security duties"}

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Facts of the Case

Background

The appellant, a risk control assistant employed by ZUPCO from February 2007 to November 2015, was dismissed for gross negligence after fuel was stolen from buses under his guard. The disciplinary committee found him guilty of damaging company property, theft and gross negligence, but the CEO acquitted him on the first two charges while upholding the gross negligence dismissal.

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