Elineth Dick v Zimbabwe Revenue Authority (ZIMRA)

[2013] ZWLC 22

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Case Details

Court

Labour Court

Date

17 January 2013

Citation

[2013] ZWLC 22

Judgment No.

LC/H/22/2013

Outcome

unknown

Case Type

Appeal

Bench

Presiding

E. Makamure

Full Bench

E. Makamure

Areas of Law

Labour lawEmployment disciplinary proceedings

Keywords

wrongful use of employer propertyemail misconductcomputer misusedisciplinary code

Key Issues

{"issue_text":"Whether the appellant committed misconduct by sending offensive email using employer's facilities","issue_type":"mixed","dispositive":"yes","related_facts":"Email sent from her computer during work hours; server logs confirmed origin; she refused to acknowledge recipient"}
{"issue_text":"Whether conviction on both main and alternative charges was competent","issue_type":"law","dispositive":"no","related_facts":"Appellant charged with and convicted of both main and alternative charges"}

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background

Facts of the Case

Background

The appellant, a manager in ZIMRA's audit department, was dismissed for sending an offensive email during working hours using the employer's computer and internet facility. She was charged with wilfully applying a wrong use to assets and alternatively with an act inconsistent with her employment contract. She denied sending the email, claiming it was maliciously planted, but the employer's server logs traced the email to her computer.

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