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Labour Court

Edson Bere v Concern Worldwide Zimbabwe

[2013] ZWLC 153

Case Details

Court
Labour Court
Date
8 March 2013
Citation
[2013] ZWLC 153
Judgment No.
LC/H/153/2013
Outcome
unknown
Case Type
Appeal

Bench

Presiding
L. Kudya
Full Bench
L. Kudya
Areas of Law
Labour lawEmployment lawDisciplinary procedures
Keywords
willful disobediencelawful instructiontransport manualdisciplinary chargereinstatement
Tags
disciplinary hearinggross misconductwillful disobediencetransport policy breach
legislation
Statutes Cited
  • National Employment Code of Conduct for Welfare and Educational Institutions
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the NEC erred by upholding a charge of willful disobedience to lawful instruction when the facts supported only improper use of company property","issue_type":"law","dispositive":"yes","related_facts":"Appellant carried children without authorization; transport manual prohibition"}
  • {"issue_text":"Whether the charge was properly formulated and whether appellant's apology constituted admission to willful disobedience","issue_type":"mixed","dispositive":"yes","related_facts":"Appellant apologized for carrying children without permission; disciplinary committee uncertainty about charge"}
  • {"issue_text":"Whether the dismissal penalty was appropriate given the circumstances","issue_type":"law","dispositive":"no","related_facts":"Appellant's conduct; company policies; NEC Code provisions"}
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background
Facts of the Case

Background

Appellant, a driver employed by respondent, was dismissed for carrying his children in a company vehicle without written authorization, contrary to company transport manual. NEC Appeals Committee upheld the dismissal on charge of willful disobedience to lawful instruction.
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