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Labour Court
Multiple Star (Pvt) Ltd v Godwin Nyakudya
[2014] ZWLC 395
Case Details
Court
Labour Court
Date
4 July 2014
Citation
[2014] ZWLC 395
Judgment No.
LC/H/395/14
Outcome
unknown
Case Type
Appeal
Bench
Presiding
L.M. Murasi
Full Bench
L.M. Murasi
Areas of Law
Labour lawEmployment disputes
Keywords
Sleeping on dutyGross misconductArbitral award reviewDismissal penalty
Tags
Disciplinary proceedingsArbitration reviewMisconduct
legislation
Statutes Cited
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the arbitrator erred in finding that mitigating factors should have been considered","issue_type":"law","dispositive":"no","related_facts":"No mitigating factors identified by arbitrator"}
- {"issue_text":"Whether the arbitrator misdirected herself regarding habitual vs repeated misconduct","issue_type":"mixed","dispositive":"no","related_facts":"Respondent repeated offence on same day"}
- {"issue_text":"Whether dismissal was an appropriate penalty for sleeping on duty after caution","issue_type":"law","dispositive":"yes","related_facts":"Respondent repeated misconduct on same day after caution"}
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background
Facts of the Case
Background
Employee was caught sleeping on duty twice in one day, dismissed after disciplinary hearing, arbitrator substituted dismissal with final written warning, employer appealed.
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