Davies Granite (Pvt) Ltd v Michael Mandimika

[2014] ZWLC 50

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Case Details

Court

Labour Court

Date

25 April 2014

Citation

[2014] ZWLC 50

Judgment No.

LC/H/50/2014

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Manyangadze J

Full Bench

Manyangadze J

Areas of Law

Labour lawEmployment disciplinary procedures

Keywords

dismissalmisconductarbitrationbalance of probabilitiestheftfraud

Key Issues

{"issue_text":"Whether the arbitrator misdirected himself by applying a higher standard of proof than required","issue_type":"law","dispositive":"no","related_facts":"Evidence from disciplinary proceedings, arbitrator's reasoning"}
{"issue_text":"Whether there was sufficient evidence to establish misconduct under section 4(a) and (d) of SI 15 of 2006","issue_type":"mixed","dispositive":"yes","related_facts":"Transactions with investigators, lack of receipts, security guard evidence"}
{"issue_text":"Whether the penalty of dismissal was appropriate for the misconduct","issue_type":"law","dispositive":"no","related_facts":"Nature of misconduct, employment relationship"}

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Facts of the Case

Background

The respondent, a Sales Head of Department, was dismissed for misconduct after selling quarry dust without following procedures and converting proceeds. Private investigators engaged by the appellant caught him in the act. The disciplinary committee found him guilty, but an arbitrator overturned this decision, prompting the appeal.

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