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Labour Court

Laurence Dube v Monte Clair Hotel And Casino

[2013] ZWLC 15

Case Details

Court
Labour Court
Date
20 May 2013
Citation
[2013] ZWLC 15
Judgment No.
LC/MC/15/2013
Outcome
unknown
Case Type
Appeal

Bench

Presiding
L Kudya
Full Bench
L Kudya
Areas of Law
Employment LawLabour Relations
Keywords
dismissaldisobediencegrievancereinstatementdamages
Tags
willful disobediencelawful ordersgrievance proceduremanagement restructuring
legislation
Statutes Cited
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the Appellant disobeyed lawful orders warranting dismissal","issue_type":"mixed","dispositive":"yes","related_facts":"Finance Manager not contractual superior; orders related to grieved issues"}
  • {"issue_text":"Whether the disciplinary process was tainted by the unresolved grievance","issue_type":"procedural","dispositive":"no","related_facts":"Same facts underlay both grievance and charges"}
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background
Facts of the Case

Background

The appellant, an accountant employed since 2006, was dismissed for allegedly disobeying lawful orders from a Finance Manager introduced under a new management structure (H.A.L.A). The appellant had raised a grievance about the confusion in reporting structures created by the new management, which grievance was not properly addressed. The disobedience charges arose from the same issue he had grieved about.
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