Martin Tongai Mazvimba v Harare Institute of Technology

[2016] ZWLC 501

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Case Details

Court

Labour Court

Date

9 September 2016

Citation

[2016] ZWLC 501

Judgment No.

LC/H/501/16

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Chidziva J

Full Bench

Chidziva J

Areas of Law

Labour lawEmployment lawDisciplinary procedures

Keywords

unauthorized lecturesdisciplinary codedismissalappealmisconduct

Key Issues

{"issue_text":"Whether the Vice Chancellor and Institute Board erred by upholding the dismissal decision without giving reasons","issue_type":"procedural","dispositive":"no","related_facts":"Appellant's grounds of appeal, letters from Vice Chancellor and Board"}
{"issue_text":"Whether the penalty of dismissal induces a sense of shock","issue_type":"mixed","dispositive":"yes","related_facts":"Nature of misconduct, appellant's guilty plea, disciplinary code provisions"}
{"issue_text":"Whether the appeal properly before the Labour Court when it addressed procedural rather than merits issues","issue_type":"procedural","dispositive":"yes","related_facts":"Section 92 E of Labour Act, appellant's grounds of appeal"}

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Facts of the Case

Background

Appellant, a lecturer at Harare Institute of Technology, conducted unauthorized lectures for two Namibian students and charged them $200. He pleaded guilty to misconduct under Section 9:4:2 of the Disciplinary and Grievance Handling Procedural. After disciplinary proceedings, the Disciplinary Committee recommended dismissal, which was upheld by the Vice Chancellor and subsequently by the Institute Board.

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