Gloria Munetsi v Diagnostic Radiology Centre

[2016] ZWLC 472

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Case Details

Court

Labour Court

Date

5 August 2016

Citation

[2016] ZWLC 472

Judgment No.

LC/H/472/2016

Outcome

unknown

Case Type

Appeal

Bench

Presiding

L. Hove

Full Bench

L. Hove

Areas of Law

Labour LawEmployment LawDisciplinary Proceedings

Keywords

unfair dismissalbalance of probabilitiesstanding instructionworkplace misconductrefrigerator use

Key Issues

{"issue_text":"Whether the appellant was aware of the prohibition on using the workplace refrigerator for personal items","issue_type":"fact","dispositive":"yes","related_facts":"No evidence appellant was informed; other staff used it; keys freely accessible"}
{"issue_text":"Whether the employer proved the misconduct on a balance of probabilities","issue_type":"mixed","dispositive":"yes","related_facts":"Employer failed to show awareness of prohibition"}

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background

Facts of the Case

Background

The appellant employee was dismissed for storing personal food in a workplace refrigerator allegedly reserved for drugs and exclusive doctor use, contrary to a standing instruction she claimed never to have been made aware of.

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