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Harare High Court
Eubynecil Moyana v Triangle Limited
HH 149-18
Case Details
Court
Harare High Court
Date
21 March 2018
Citation
HH 149-18
Neutral Citation
[2018] ZWHH 149
Outcome
unknown
Case Type
Application
Bench
Presiding
ZHOU J
Full Bench
ZHOU J
Areas of Law
Labour LawEmployment Law
Keywords
unfair dismissaldisciplinary hearingreviewalcohol testingbreathalyserblood test
Tags
employmentdismissalreviewdisciplinary
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the disciplinary committee erred in not considering negative breathalyser test results","issue_type":"procedural","dispositive":"no","related_facts":"Breathalyser test allegedly negative but not in record"}
- {"issue_text":"Whether there was bias in the disciplinary proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Allegation that presiding officers suspected applicant used ambulance for MDC campaigning"}
- {"issue_text":"Whether the court should grant relief given the delay in prosecuting the application","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed 2007, heard 2016, 15 year delay"}
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background
Facts of the Case
Background
The applicant, an ambulance driver employed by Triangle Limited, was dismissed after being found guilty of driving under the influence of alcohol following a road traffic accident. Blood tests showed alcohol content of 260mg/dl, significantly above the legal limit of 80mg/dl.
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