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Labour Court
John Chikumbu v Zimbabwe Parks & Wild Life Management
[2016] ZWLC 39
Case Details
Court
Labour Court
Date
22 January 2016
Citation
[2016] ZWLC 39
Judgment No.
LC/H/39/2016
Outcome
unknown
Case Type
Appeal
Bench
Presiding
E Makamure J
Full Bench
E Makamure J
Areas of Law
Labour lawEmployment disciplinary proceedings
Keywords
wilful disobediencelawful instructionhealth and safetydisciplinary appeal
Tags
employment disciplinarywilful disobediencehealth and safety
legislation
Statutes Cited
- Respondent’s Code of Conduct (internal disciplinary code)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether appellant was justified in refusing to carry out lawful instruction on health and safety grounds","issue_type":"mixed","dispositive":"yes","related_facts":"Area infested with tsetse flies; appellant had six years experience"}
- {"issue_text":"Whether appellant was exercising right under section 3.5.1(ii) to seek independent assessment","issue_type":"law","dispositive":"no","related_facts":"Code of Conduct provision; appellant's failure to explain at time"}
- {"issue_text":"Whether there was unnecessary splitting of charges","issue_type":"procedural","dispositive":"no","related_facts":"Only one charge proceeded"}
- {"issue_text":"Whether bias was shown by area manager","issue_type":"procedural","dispositive":"no","related_facts":"Common cause facts"}
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background
Facts of the Case
Background
Appellant, a ranger employed by respondent for over six years, refused to carry out an instruction to conduct anti-poaching patrol in an area infested with tsetse flies. He was charged with wilful disobedience under section 3.5.1 of the Code of Conduct, convicted, and his appeal to the appeals committee failed.
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