Carnaud Metal Box v Arthur Ruzvezve

[2013] ZWLC 495

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Case Details

Court

Labour Court

Date

3 October 2013

Citation

[2013] ZWLC 495

Judgment No.

LC/H/495/2013

Outcome

unknown

Case Type

Appeal conjoined with Application for Review

Bench

Presiding

B.T. Chivizhe

Full Bench

B.T. Chivizhe

Areas of Law

Labour lawDisciplinary proceduresEmployment disputes

Keywords

DismissalCode of ConductAppeals CommitteeMisconductRetirement

Key Issues

{"issue_text":"Whether the Appeals Committee had jurisdiction to hear and determine the appeal when the Code provides for appeals to the General Engineering Committee","issue_type":"procedural","dispositive":"no","related_facts":"Code of Conduct provides for appeals to General Engineering Committee; Appeals Committee sat as sub-committee"}
{"issue_text":"Whether the Appeals Committee erred in substituting the dismissal penalty with a lesser penalty of reduction in pay","issue_type":"mixed","dispositive":"yes","related_facts":"Employee's long service; age; limited employment prospects; misconduct involved breach of trust"}

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background

Facts of the Case

Background

The respondent employee was dismissed for misconduct after using company property for private work without permission. The Appeals Committee substituted the dismissal penalty with a reduction in pay, considering his 39 years of service and age. The appellant employer challenged both the jurisdiction of the Appeals Committee and the substitution of penalty.

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