FAVCO (Pvt) Ltd v Tawanda Musvaire

LC/H/361/2016

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Case Details

Court

Labour Court

Date

10 June 2016

Citation

LC/H/361/2016

Neutral Citation

[2016] ZWLC 361

Outcome

unknown

Case Type

Appeal

Bench

Presiding

R. Manyangadze, J

Full Bench

R. Manyangadze, J

Areas of Law

Labour LawAdministrative Law

Keywords

MisconductSupervisory ResponsibilityFinal Written WarningBack PayMitigation of Loss

Key Issues

{"issue_text":"Did the arbitrator err in law by interfering with the penalty imposed by the employer in the absence of a serious misdirection or gross unreasonableness?","issue_type":"law","dispositive":"yes","related_facts":"Employer’s view of seriousness, lack of gross unreasonableness, principle from Mashonaland Turf Club v Mutangadura SC 5/12"}
{"issue_text":"Did the arbitrator err in pre-quantifying damages in the form of back pay without assessing whether the respondent could have mitigated the loss?","issue_type":"law","dispositive":"no","related_facts":"Arbitrator’s award of back pay, lack of mitigation inquiry"}

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Facts of the Case

Background

Tawanda Musvaire, employed as a Despatch and Logistics Controller by FAVCO (Pvt) Ltd, was dismissed for failing to supervise the delivery of an order to customer Mohammed Mussa. The order was returned on a Saturday when Musvaire was off duty, but upon resuming on Sunday, he failed to ensure its re-dispatch. The invoice was erroneously filed as proof of delivery, concealing the non-delivery. Musvaire was found guilty of misconduct, dismissed, and his internal appeal dismissed. An arbitrator later set aside the dismissal and substituted it with a final written warning, prompting this appeal.

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