Killerman Maburutse v Minister of Primary and Secondary Education

LC/H/824/16

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Case Details

Court

Labour Court

Date

30 December 2016

Citation

LC/H/824/16

Neutral Citation

[2016] ZWLC 824

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Mhuri J

Full Bench

Mhuri J

Areas of Law

Labour lawPublic service disciplinary proceedings

Keywords

Under-bankingSchool fundsMisconductDismissalPublic Service Regulations

Key Issues

{"issue_text":"Whether the disciplinary authority erred in finding appellant guilty of under-banking funds by $67-00","issue_type":"fact","dispositive":"yes","related_facts":"Appellant's custodianship of keys, admission of responsibility, total shortfall amount"}
{"issue_text":"Whether the disciplinary authority erred in dismissing appellant without properly considering mitigation","issue_type":"procedural","dispositive":"no","related_facts":"Appellant's mitigation plea, timing of mitigation"}

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background

Facts of the Case

Background

The appellant, acting Deputy Head at Chamatutu Primary School, was charged with misconduct for under-banking school funds by $67-00 over several occasions between June and July 2014. As the sole custodian of cash box and strong room keys, he was responsible for receipting and banking school funds but consistently banked less than what was receipted.

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