Dominion Marketing v Tichaona Mushawembri

[2016] ZWLC 182

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Case Details

Court

Labour Court

Date

18 March 2016

Citation

[2016] ZWLC 182

Judgment No.

LC/H/182/2016

Outcome

unknown

Case Type

Appeal

Bench

Presiding

E T Muchawa J

Full Bench

E T Muchawa J

Areas of Law

Labour lawUnfair dismissalDisciplinary procedures

Keywords

SuspensionDisciplinary hearingProcedural fairnessCharge variation

Key Issues

{"issue_text":"Whether procedural irregularity of varying charges between suspension and dismissal vitiates disciplinary proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"Different charges in suspension letter and dismissal letter"}
{"issue_text":"Whether employee was prejudiced by introduction of new charge at hearing","issue_type":"procedural","dispositive":"yes","related_facts":"No prior notice of wilful disobedience charge"}

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background

Facts of the Case

Background

The respondent employee was suspended for allegedly intentionally damaging a machine but was subsequently dismissed for wilful disobedience to a lawful order, a charge not mentioned in the suspension letter, leading to an unfair dismissal claim.

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