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Labour Court

Peterhouse Group of Schools v Tapera Mahefu and Phillip Nyamusakura

[2024] ZWLC 338

Case Details

Court
Labour Court
Date
23 July 2024
Citation
[2024] ZWLC 338
Judgment No.
LC/H/338/24
Outcome
unknown
Case Type
Appeal

Bench

Presiding
L.M. Murasi J
Full Bench
L.M. Murasi J
Areas of Law
Labour lawDisciplinary proceedingsEvidence
Keywords
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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