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Labour Court
Lovemore Luwaca v Delta Beverages Limited
[2016] ZWLC 466
Case Details
Court
Labour Court
Date
5 August 2016
Citation
[2016] ZWLC 466
Judgment No.
LC/H/466/2016
Outcome
unknown
Case Type
Appeal
Bench
Presiding
F.C. Maxwell
Full Bench
F.C. Maxwell
Areas of Law
Labour lawDisciplinary proceduresFraud in employment
Keywords
dismissalfrauddisciplinary committeeappeals authorityprocedural irregularity
Tags
Disciplinary hearingFraudInternal auditTravel advances
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the disciplinary committee was properly constituted","issue_type":"procedural","dispositive":"no","related_facts":"Delta Beverages Code of Conduct requirements"}
- {"issue_text":"Whether the elements of fraud were satisfied","issue_type":"mixed","dispositive":"yes","related_facts":"False hotel invoices and disputed accommodation claims"}
- {"issue_text":"Whether the investigating officer prejudiced appellant's defence","issue_type":"factual","dispositive":"no","related_facts":"Alleged instruction to suppliers to be hostile"}
- {"issue_text":"Whether dismissal was an appropriate penalty","issue_type":"law","dispositive":"yes","related_facts":"Mitigating factors presented"}
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background
Facts of the Case
Background
The applicant, a Senior Internal Auditor at Delta Beverages Limited, was dismissed for fraud involving false reconciliation of travel advances and submission of fraudulent hotel invoices. He appealed to the Labour Court claiming procedural irregularities and insufficient evidence.
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