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Labour Court

Faith Ndagurwa v NetOne Cellular (Pvt) Ltd

LC/H/87/25

Case Details

Court
Labour Court
Date
27 February 2025
Citation
LC/H/87/25
Neutral Citation
[2025] ZWLC 87
Outcome
unknown
Case Type
Appeal

Bench

Presiding
Chivizhe J
Full Bench
Musariri JChivizhe J
Areas of Law
Labour lawUnfair dismissalGross misconduct
Keywords
password sharinggross negligencereinstatementdamages in lieu
Tags
password sharinggross misconductnegligencesupervisor instruction
legislation
Statutes Cited
  • Labour Act
  • Labour Act
  • Labour Act
  • Constitution of Zimbabwe
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether appeal was fatally defective for failing to pray for damages in lieu of reinstatement","issue_type":"procedural","dispositive":"no","related_facts":"Appellant sought reinstatement without alternative relief"}
  • {"issue_text":"Whether sharing password at supervisor's instruction constitutes gross misconduct","issue_type":"mixed","dispositive":"yes","related_facts":"No written policy prohibited password sharing; appellant followed supervisor's instruction"}
  • {"issue_text":"Whether appellant had common law duty not to share password despite supervisor's instruction","issue_type":"law","dispositive":"yes","related_facts":"Appellant claimed she was following lawful order from supervisor"}
  • {"issue_text":"Whether appellant's culpability is reduced by her indisposition during relevant period","issue_type":"mixed","dispositive":"no","related_facts":"Appellant was pregnant and unwell; could not monitor password use"}
  • {"issue_text":"Whether Appeals Committee failed to give adequate reasons for its decision","issue_type":"procedural","dispositive":"no","related_facts":"Appellant claimed no reasons were provided for dismissal of appeal"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

Employee was dismissed for gross misconduct after sharing her work password with a colleague at her supervisor's instruction, resulting in company losses of ZWL565,999,964.00 through fraudulent transactions.
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