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Supreme Court
Misheck Mabeza v Sandvik Mining (2) Construction (Private) Limited
[2019] ZWSC 91
Case Details
Court
Supreme Court
Date
15 November 2019
Citation
[2019] ZWSC 91
Judgment No.
SC 91/19
Outcome
unknown
Case Type
Appeal
Bench
Presiding
GOWORA JA
Full Bench
GOWORA JAPATEL JABHUNU JA
Areas of Law
Labour LawEmployment Law
Keywords
unfair dismissalwillful disobediencelawful instructiondisciplinary proceedingslabour officer jurisdiction
Tags
disciplinary hearingwillful disobediencelawful orderjurisdiction
legislation
Statutes Cited
- Labour Act
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Did the Labour Court correctly find that the appellant willfully disobeyed a lawful instruction?","issue_type":"mixed","dispositive":"yes","related_facts":"SMS instruction received; appellant proceeded to Harare; appellant's senior position"}
- {"issue_text":"Did the labour officer and arbitrator have jurisdiction to review completed disciplinary proceedings?","issue_type":"procedural","dispositive":"no","related_facts":"Disciplinary process completed; appeal to internal appeals authority failed"}
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background
Facts of the Case
Background
The appellant, an Operations Contract Manager, was dismissed for willfully disobeying a lawful order to return to Unki Mine. He proceeded to Harare despite instructions not to. The arbitrator found no willful disobedience and ordered reinstatement, but the Labour Court reversed this decision.
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