Pithius Shoko v Zimbabwe Revenue Authority

[2013] ZWLC 745

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Case Details

Court

Labour Court

Date

31 January 2014

Citation

[2013] ZWLC 745

Judgment No.

LC/H/745/13

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Makamure J

Full Bench

Makamure J

Areas of Law

Labour lawEmployment lawDisciplinary procedures

Keywords

pornographic emailsmisconductmitigationprocedural fairnesssection 101(6) Labour Act

Key Issues

{"issue_text":"Whether the arbitrator committed a fatal procedural irregularity by failing to allow the appellant to address in mitigation before imposing dismissal","issue_type":"procedural","dispositive":"yes","related_facts":"Appellant was dismissed without being given opportunity to address in mitigation"}

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Facts of the Case

Background

The appellant, employed by Zimbabwe Revenue Authority, was charged with misconduct for forwarding pornographic emails while on duty. After a postponed disciplinary hearing that exceeded 30 days, the matter was referred to arbitration. The arbitrator found the appellant guilty and dismissed him without allowing mitigation submissions.

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