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Case Details
Court
Labour Court
Date
13 July 2020
Citation
[2020] ZWLC 141
Judgment No.
LC/H/141/2020
Outcome
unknown
Case Type
Appeal
Bench
Presiding
B.T. Chivizhe
Full Bench
B.T. Chivizhe
Areas of Law
Labour lawUnfair dismissalArbitration
Keywords
misconductdismissalarbitratorappealdisciplinary hearing
Tags
disciplinary hearingarbitrationappeal
legislation
Statutes Cited
- Labour Act [Chapter 28:01]
- Labour Act [Chapter 28:01]
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the arbitrator misdirected himself on the facts in finding appellant guilty of misconduct","issue_type":"mixed","dispositive":"yes","related_facts":"Evidence regarding Bulawayo Branch tender process and DSTV installation"}
- {"issue_text":"Whether the arbitrator applied correct principles in reconsidering the dismissal penalty","issue_type":"law","dispositive":"yes","related_facts":"Section 65(1) of Constitution and common law employer discretion"}
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background
Facts of the Case
Background
The appellant, an Administration Manager at NMB Bank, was dismissed for misconduct related to tender irregularities and wilful disobedience. The arbitrator upheld the dismissal, finding her guilty on two of four charges. She appealed to the Labour Court.
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