unfair dismissaldisciplinary proceduretrade union representationwillful disobedienceabuse of company property
Tags
disciplinary hearingtrade union representationwillful disobedience
legislation
Statutes Cited
None.
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the exclusion of trade union representatives who were not company employees from the disciplinary hearing violated the audi alteram partem rule","issue_type":"procedural","dispositive":"no","related_facts":"Trade union representatives were present at gates but excluded from hearing"}
{"issue_text":"Whether the termination letter introduced new charges not discussed at the disciplinary hearing","issue_type":"procedural","dispositive":"no","related_facts":"Appellant alleged new charges in March 2 letter, respondent argued they were same as February 23 charges"}
{"issue_text":"Whether the dismissal was justified given no actual prejudice to company","issue_type":"mixed","dispositive":"yes","related_facts":"Appellant's misconduct discovered quickly, no actual loss suffered"}
{"issue_text":"Whether there were valid instructions regarding convoy procedures","issue_type":"factual","dispositive":"yes","related_facts":"Appellant admitted receiving specific instruction for copper convoy on January 21"}
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background
Facts of the Case
Background
The appellant, a truck driver employed by J&J Transport, was dismissed for willful disobedience of lawful instructions and abuse of company vehicle after he deviated from a copper convoy to Chitungwiza without authorization. He appealed against his dismissal, arguing procedural irregularities and lack of prejudice to the company.
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