CITY OF HARARE v PAUL MUSHAWEMHUKA

Key Issues

• {"issue_text":"Whether grounds of appeal 1-3 raise questions of law or merely factual findings not subject to appeal","issue_type":"procedural","dispositive":"no","related_facts":"Grounds of appeal challenging sufficiency of evidence and alleged inconsistencies"}
• {"issue_text":"Whether the arbitrator erred in finding that appellant failed to prove misconduct on balance of probabilities","issue_type":"mixed","dispositive":"yes","related_facts":"Evidence presented to Disciplinary Committee, standard of proof in civil proceedings"}
• {"issue_text":"Whether the arbitrator's award was grossly unreasonable or irrational such as to constitute a misdirection in law","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator's analysis and conclusions, Hama v NRZ test for gross unreasonableness"}
• {"issue_text":"Whether the penalty of dismissal was appropriate for the misconduct committed","issue_type":"law","dispositive":"no","related_facts":"Gravity of conduct, image of employer, Category Four offences"}

Background