Marble Mutambarika v Judicial Service Commission

Key Issues

• {"issue_text":"Whether the employee had reasonable excuse for failure to obey instructions","issue_type":"mixed","dispositive":"yes","related_facts":"Appellant was working on urgent Regional Court record; no specific timeline given; intended to complete work on Monday"}
• {"issue_text":"Whether the employee was guilty of insolence, abuse or harassment","issue_type":"mixed","dispositive":"no","related_facts":"Appellant shouted at Resident Magistrate; made statements about cutting herself; drew attention of staff and litigants"}
• {"issue_text":"Whether the penalty of dismissal was excessive in the circumstances","issue_type":"law","dispositive":"yes","related_facts":"Appellant wrongly convicted of first count; discourteous behaviour did not threaten or verbally insult; no previous misconduct"}

Background