Eagle Italian Shoes (Pvt) Ltd v Farai Kambudzi

[2016] ZWLC 432

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Case Details

Court

Labour Court

Date

22 July 2016

Citation

[2016] ZWLC 432

Judgment No.

LC/H/432/16

Outcome

unknown

Case Type

Appeal

Bench

Presiding

P Muzofa

Full Bench

P Muzofa

Areas of Law

Labour lawEmployment disciplinary procedures

Keywords

DismissalAppeals committeeCharge alterationMisconduct

Key Issues

{"issue_text":"Whether appeals committee has power to substitute charges","issue_type":"procedural","dispositive":"yes","related_facts":"Appeals committee changed charges from active obstruction/intimidation to discreditable conduct/passive obstruction"}
{"issue_text":"Whether Max was employee of appellant","issue_type":"factual","dispositive":"no","related_facts":"Contract of employment produced showing Max as administration clerk"}

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background

Facts of the Case

Background

The respondent employee was dismissed for obstructing and intimidating a company employee Max who was delivering documents. The National Employment Council Appeals Committee substituted the charges and reduced the penalty to a final written warning, leading to this appeal.

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