Lenon Bhutayi v Upper Manyame Sub-Catchment Council

[2023] ZWLC 101

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Case Details

Court

Labour Court

Date

11 May 2023

Citation

[2023] ZWLC 101

Judgment No.

LC/H/101/23

Outcome

unknown

Case Type

Appeal

Bench

Presiding

B.T. Chivizhe

Full Bench

B.T. Chivizhe

Areas of Law

Labour LawEmployment Discipline

Keywords

unfair dismissaldisciplinary hearingbalance of probabilitiesfinal written warning

Key Issues

{"issue_text":"Whether appellant was properly convicted on evidence meeting civil standard","issue_type":"mixed","dispositive":"yes","related_facts":"Witness testimony of verbal abuse; appellant’s denial"}
{"issue_text":"Whether dismissal penalty was appropriate given corrective objective of Code","issue_type":"law","dispositive":"yes","related_facts":"Nature of offence; public setting; prior warning"}
{"issue_text":"Whether appellant was a first offender","issue_type":"fact","dispositive":"no","related_facts":"Existence of Final Written Warning at time of determination"}

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background

Facts of the Case

Background

Appellant, employed for 6½ years as Co-ordinator, was dismissed for verbally abusing the Finance Manager at a Christmas party. Disciplinary hearing found him guilty under s 4(a) National Code of Conduct; he appealed, claiming no evidence and excessive penalty.

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