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Labour Court

Emson Marova v Premier Service Medical Aid Society

[2013] ZWLC 461

Case Details

Court
Labour Court
Date
27 September 2013
Citation
[2013] ZWLC 461
Judgment No.
LC/H/461/13
Outcome
unknown
Case Type
Appeal and Review

Bench

Presiding
E. Muchawa
Full Bench
E. Muchawa
Areas of Law
Labour lawDisciplinary proceedingsAdministrative justice
Keywords
alcoholdrunk on dutynatural justiceprocedural fairnessbiasrecord of proceedings
Tags
unfair dismissaldisciplinary hearingappealreview
legislation
Statutes Cited
  • PSMAS Code of Conduct (internal employer code)
  • PSMAS Code of Conduct
  • PSMAS Code of Conduct
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether grounds 1,2,3,4,5,7 and 8 of appeal are competent appeal grounds or review grounds","issue_type":"procedural","dispositive":"yes","related_facts":"Grounds relate to procedural fairness and trial method rather than conclusions on facts and law"}
  • {"issue_text":"Whether the finding that applicant was drunk on duty was irrational given alleged finding that he was not on duty","issue_type":"mixed","dispositive":"yes","related_facts":"Attendance register shows applicant signed in; no finding that he was not on duty"}
  • {"issue_text":"Whether record of proceedings was defective due to members signing on different dates","issue_type":"procedural","dispositive":"no","related_facts":"Two members signed 30 November, two signed 3 December; dismissal letter dated 30 November"}
  • {"issue_text":"Whether apologies were admissible evidence","issue_type":"procedural","dispositive":"no","related_facts":"Applicant objected to admission of apologies alleging duress and fraud"}
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background
Facts of the Case

Background

The applicant, employed as an account manager by PSMAS, was charged with being under the influence of alcohol during working hours after allegedly getting drunk while on duty at Alfida Barracks on 9 August 2012. He was found guilty by the disciplinary committee and dismissed, then appealed to the appeals committee which upheld the dismissal.
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