Cotton Company of Zimbabwe vs Lust Gomo

JUDGMENT NO LC/H/482/2014

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Case Details

Court

Labour Court

Date

9 July 2014

Citation

JUDGMENT NO LC/H/482/2014

Neutral Citation

[2014] ZWLC 482

Judgment No.

LC/H/482/2014

Outcome

unknown

Case Type

Appeal

Bench

Presiding

B S Chidziva

Author

CHIDZIVA J

Full Bench

B S Chidziva

Areas of Law

Labour LawEmployment LawDisciplinary Law

Keywords

dismissalgross misconductselective application of lawreinstatementdisciplinary committee

Key Issues

{"issue_text":"Whether the matter is improperly before this court for failure to serve the notice of appeal on the respondent","issue_type":"procedural","dispositive":"no","related_facts":"Respondent filed response showing access to notice of appeal"}
{"issue_text":"Whether there was selective application of law","issue_type":"mixed","dispositive":"no","related_facts":"Other employees charged but not dismissed, employer discretion in charging"}
{"issue_text":"Whether dismissal was appropriate sanction","issue_type":"law","dispositive":"yes","related_facts":"Gross misconduct charge, failure to control abuse of fuel"}

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background

Facts of the Case

Background

Respondent was employed as Senior Accounts Clerk at Mutawatawa Depot and was dismissed for gross misconduct relating to unauthorized sale of diesel. He appealed to the National Employment Council which reinstated him. The employer now appeals that decision.

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