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Labour Court
Lazarus Sengu v Ministry of Education, Sport and Culture
LC/H/240/2013
Case Details
Court
Labour Court
Date
10 June 2013
Citation
LC/H/240/2013
Neutral Citation
[2013] ZWLC 240
Outcome
unknown
Case Type
Appeal
Bench
Presiding
B.T. Chivizhe
Full Bench
B.T. Chivizhe
Areas of Law
Labour lawPublic service lawDisciplinary law
Keywords
MisconductSexual harassmentDouble punishmentReinstatementDisciplinary authority
Tags
Disciplinary proceedingsDouble jeopardyFunctus officioPublic service regulations
legislation
Statutes Cited
- Public Service Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the Respondent erred in law when it issued two conflicting determinations based on the same facts thus punishing Appellant twice","issue_type":"procedural","dispositive":"yes","related_facts":"Three determinations issued on same facts; second determination imposed harsher penalty"}
- {"issue_text":"Whether the discharge from service had in the circumstances been conducted procedurally and in accordance with the law","issue_type":"procedural","dispositive":"yes","related_facts":"No second hearing conducted; no opportunity for representations on alleged new evidence"}
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background
Facts of the Case
Background
The appellant, a Senior School Teacher, was disciplined for alleged sexual misconduct involving a student. After initially being fined US$150 and reprimanded, the disciplinary authority later issued conflicting determinations culminating in his dismissal. The court found this constituted double punishment and violated the functus officio principle.
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