Christopher Malaicho v Tongaat Hulett

[2013] ZWLC 14

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Case Details

Court

Labour Court

Date

2 August 2013

Citation

[2013] ZWLC 14

Judgment No.

LC/H/14/13

Outcome

unknown

Case Type

Appeal

Bench

Presiding

G Musariri

Full Bench

G Musariri

Areas of Law

Labour lawUnfair dismissalDisciplinary procedures

Keywords

Debtor's clerkPrivate dealInputs schemeMisconductTrust position

Key Issues

{"issue_text":"Whether procedural complaints can be entertained in an appeal when they should have been brought by review","issue_type":"procedural","dispositive":"no","related_facts":"Appellant raised procedural complaints in appeal instead of review"}
{"issue_text":"Whether appellant's conduct constituted serious misconduct justifying dismissal","issue_type":"mixed","dispositive":"yes","related_facts":"Appellant used employer's scheme to settle private debt, abused position of trust"}

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background

Facts of the Case

Background

The appellant, employed as a Debtor's Clerk by Tongaat Hulett, was dismissed for misconduct after he facilitated a private deal with another farmer and caused that farmer to claim payment under the company's inputs scheme, effectively using his employer to settle a private debt.

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