Norman Kachomba v Clover Leaf Motors

LC/H/108/20

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Case Details

Court

Labour Court

Date

22 May 2020

Citation

LC/H/108/20

Neutral Citation

[2020] ZWLC 108

Outcome

unknown

Case Type

Combined appeal and review

Bench

Presiding

Mhuri J

Full Bench

Mhuri J

Areas of Law

Labour lawDisciplinary proceedingsEmployment disputes

Keywords

Gross incompetenceDisciplinary hearingProcedural irregularityWheel detachmentTechnician mechanic

Key Issues

{"issue_text":"Whether procedural irregularities in disciplinary proceedings were fatal to the proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Complaint raised by Workshop Manager not immediate supervisor; hearing officer contacted Operations Executive during adjournment"}
{"issue_text":"Whether the charge of gross incompetence was appropriate for a once-off incident","issue_type":"law","dispositive":"no","related_facts":"Single incident of wheel detachment; applicant's previous service record"}
{"issue_text":"Whether the dismissal penalty was justified","issue_type":"mixed","dispositive":"yes","related_facts":"Finding of gross incompetence; danger to life; loss of revenue"}

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background

Facts of the Case

Background

The applicant, a technician mechanic, was dismissed for gross incompetence after a vehicle he serviced had its wheel come off hours after collection by the client. The disciplinary hearing found him guilty, and his appeal to the Managing Director was unsuccessful.

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