Charles Chibanda v Zimbabwe Consolidated Diamond Company

[2023] ZWLC 51

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Case Details

Court

Labour Court

Date

2023

Citation

[2023] ZWLC 51

Judgment No.

LC/H/51/2023

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Kachambwa J

Full Bench

Kachambwa J

Areas of Law

Labour lawEmployment disciplinary proceedings

Keywords

wilful disobediencelawful orderSAP systemdismissaldisciplinary appeal

Key Issues

{"issue_text":"Whether the charge of wilful disobedience to lawful order was proved","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant's familiarity with SAP system, availability of refresher resources"}
{"issue_text":"Whether dismissal penalty was excessively harsh","issue_type":"law","dispositive":"no","related_facts":"Nature of misconduct, employer's discretion"}

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background

Facts of the Case

Background

The applicant, a diamond cleaner employed by the respondent, was dismissed for wilful disobedience to a lawful order to capture diamond stocks into the SAP system. He had assisted in developing the system but claimed he needed a refresher course. After his superior returned from 5 months' leave and found the instruction unfulfilled, he was charged and dismissed.

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