Lovemore Denhere v National Employment Council Appeals Committee for the Chemicals and Fertilisers Manufactory Industry

LC/H/357/16

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Case Details

Court

Labour Court

Date

27 January 2015

Citation

LC/H/357/16

Neutral Citation

[2015] ZWLC 357

Outcome

unknown

Case Type

Appeal

Bench

Presiding

UNKNOWN

Author

None

Full Bench

UNKNOWN

Areas of Law

Labour lawDisciplinary proceedings

Keywords

DismissalDisciplinary committeeProcedural irregularityCode of conduct

Key Issues

{"issue_text":"Whether procedural irregularities in disciplinary proceedings vitiate the proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Presence of Mr Mutasa as complainant's representative, presence of Mr Mwanza"}
{"issue_text":"Whether NEC Appeals Committee erred in upholding guilty verdict on charge that Disciplinary Committee found not guilty","issue_type":"procedural","dispositive":"yes","related_facts":"First charge found not guilty by Disciplinary Committee but guilty by Appeals Authority"}
{"issue_text":"Whether dismissal was appropriate penalty for the misconduct","issue_type":"mixed","dispositive":"no","related_facts":"Appellant wrote letter to non-stakeholder containing accusations"}

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background

Facts of the Case

Background

The appellant employee was dismissed for allegedly breaching confidential business matters by writing a letter to Dulux South Africa. The disciplinary committee found him guilty on one charge and not guilty on another. The appeals authority altered the finding to guilty on both charges and confirmed dismissal. The NEC Appeals Committee dismissed his appeal.

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