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Labour Court

Cleopas Fambi v Zimbabwe Power Company (Pvt) Ltd

LC/H/95/2021

Case Details

Court
Labour Court
Date
16 July 2021
Citation
LC/H/95/2021
Neutral Citation
[2020] ZWLC 95
Outcome
unknown
Case Type
Appeal

Bench

Presiding
G Musariri
Full Bench
G Musariri
Areas of Law
Labour lawDisciplinary proceedingsPublic procurement
Keywords
DemotionFeasibility studyGwanda Solar ProjectPublic Finance Management ActMitigating circumstances
Tags
Disciplinary appealDemotionFeasibility studyProcurement irregularities
legislation
Statutes Cited
  • Labour Act
  • Public Finance Management Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the conviction for misconduct was supported by evidence","issue_type":"mixed","dispositive":"yes","related_facts":"Appellant's participation in RFP without feasibility study; admissions during audit"}
  • {"issue_text":"Whether the penalty of demotion by two grades was appropriate","issue_type":"law","dispositive":"yes","related_facts":"Pressure from superiors; mitigating circumstances"}
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background
Facts of the Case

Background

The appellant, a Projects Manager at Zimbabwe Power Company, was demoted after disciplinary proceedings for initiating a tender process for the Gwanda Solar Project without conducting a feasibility study. The appellant appealed against both the conviction and the penalty of demotion by two grades.
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