misconductpoachingnew evidenceNECinternal appealpolice letter
Tags
unfair dismissalmisconductnew evidence on appealNEC jurisdiction
legislation
Statutes Cited
Labour Act
Welfare and Educational Institutions Industrial Code of Conduct
ai analysis
Case Summary
Key Issues
{"issue_text":"Did the NEC have jurisdiction to admit new evidence on appeal?","issue_type":"procedural","dispositive":"yes","related_facts":"NEC admitted police letter not produced in original proceedings"}
{"issue_text":"Was the NEC's reliance on the new police letter proper?","issue_type":"mixed","dispositive":"yes","related_facts":"Letter discredited Mr. Machona's evidence without reference to Mr. Shava"}
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background
Facts of the Case
Background
The respondents, employed as Game Scouts by Peterhouse Group of Schools, were found guilty of misconduct for allegedly conniving with poachers. After an internal appeal failed, they approached the NEC which overturned the decision based on new evidence - a police letter that was not produced in the original disciplinary proceedings.
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