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Labour Court
Charles Sithole v FBC Building Society
[2016] ZWLC 304
Case Details
Court
Labour Court
Date
13 May 2016
Citation
[2016] ZWLC 304
Judgment No.
LC/H/304/2016
Outcome
unknown
Case Type
Appeal
Bench
Presiding
R. Manyangadze J
Full Bench
R. Manyangadze J
Areas of Law
Labour LawEmployment Law
Keywords
sleeping on dutysafety rulessecurity guarddismissalmisconduct
Tags
disciplinary hearingmisconductsecurity guardsleeping on duty
legislation
Statutes Cited
- National Employment Council for the Commercial Sectors Code of Conduct (NECCS Code)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether sleeping on duty constitutes the offence of violating safety rules or measures with serious consequences under NECCS Code","issue_type":"mixed","dispositive":"yes","related_facts":"Appellant slept on duty for 2 hours as security guard; property left unprotected"}
- {"issue_text":"Whether employer had discretion to choose between multiple possible charges arising from same misconduct","issue_type":"law","dispositive":"yes","related_facts":"Same conduct could be charged as \"sleeping on duty\" or \"violating safety rules\""}
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background
Facts of the Case
Background
The appellant, a security guard employed by FBC Building Society, was found sleeping on duty for approximately two hours at a construction site on 14 December 2014. He was charged with violating safety rules under the NECCS Code and dismissed after disciplinary hearings. His appeals through domestic remedies were unsuccessful.
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