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Labour Court
Mugove Chatizembwa v Lafarge Cement Zimbabwe Ltd
LC/H/692/2014
Case Details
Court
Labour Court
Date
16 September 2014
Citation
LC/H/692/2014
Neutral Citation
[2014] ZWLC 692
Outcome
unknown
Case Type
Appeal
Bench
Presiding
E. Makamure
Full Bench
E. Makamure
Areas of Law
Labour lawEmployment lawDisciplinary proceedings
Keywords
Unauthorized use of company vehicleCode of conductManagerial employeeDismissalMisconduct
Tags
Disciplinary proceedingsMisconductCode of conductManagerial employee
legislation
Statutes Cited
- Labour Act
- “employee” – “any person who performs work or services for another person for remuneration … on such terms and conditions as agreed upon by the parties or as provided for in this Act”
- “managerial employee” – “means an employee who … may be required or permitted to hire, transfer, promote, suspend, lay off, dismiss, reward, discipline or adjudge the grievances of other employees”
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a managerial employee is subject to the company's code of conduct","issue_type":"law","dispositive":"yes","related_facts":"Appellant was quarry superintendent with supervisory duties"}
- {"issue_text":"Whether the charges were improperly and arbitrarily preferred","issue_type":"law","dispositive":"no","related_facts":"Employer chose to prefer charges for admitted misconduct"}
- {"issue_text":"Whether mitigatory features were adequately considered","issue_type":"fact","dispositive":"no","related_facts":"Appellant apologized and showed remorse"}
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background
Facts of the Case
Background
The appellant, a quarry superintendent, took a company vehicle without authorization for personal use during working hours. He was charged with willful misuse of company property and leaving work without permission, found guilty and dismissed. He appealed claiming wrong code was used and that he was a managerial employee not subject to the code.
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