JUSTICE MARUME vs BAINES AVENUE CLINIC

JUDGMENT NO. LC/H/166/2021

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Case Details

Court

Labour Court

Date

23 September 2021

Citation

JUDGMENT NO. LC/H/166/2021

Neutral Citation

[2021] ZWLC 166

Judgment No.

LC/H/166/2021

Outcome

unknown

Case Type

Appeal

Bench

Presiding

KACHAMBWA J

Full Bench

KACHAMBWA J

Areas of Law

Labour LawEmployment Disciplinary Procedures

Keywords

Dirty hands principleDisciplinary proceedingsUnlawful gatheringManagerial employeeBalance of probabilities

Key Issues

{"issue_text":"Whether the respondent is precluded from disciplining the appellant because of the dirty hands principle","issue_type":"procedural","dispositive":"no","related_facts":"Initial suspension without salary and benefits, subsequent reinstatement with full pay"}
{"issue_text":"Whether there was adequate evidence to convict the appellant","issue_type":"mixed","dispositive":"no","related_facts":"Witness testimony, contradictions in evidence, appellant attending meeting"}
{"issue_text":"Whether the penalty of dismissal is proper in the circumstances","issue_type":"law","dispositive":"no","related_facts":"Seriousness of misconduct, appellant being manager, illegal work stoppage"}

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background

Facts of the Case

Background

The appellant, a managerial employee, was charged with organizing, inciting and/or attending an unlawful gathering of staff on 8 September 2020 in violation of workplace procedures. He was initially suspended and charged under NEC provisions but successfully objected to being charged as a manager, leading to withdrawal of initial charges and new charges being brought as a managerial employee.

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