Richard Zengeya v Tobacco Research Board

[2016] ZWLC 425

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Case Details

Court

Labour Court

Date

22 July 2016

Citation

[2016] ZWLC 425

Judgment No.

LC/425/2016

Outcome

unknown

Case Type

Appeal

Bench

Presiding

E T Muchawa J

Full Bench

E T Muchawa J

Areas of Law

Labour LawEmployment Discipline

Keywords

gross negligencedismissaldisciplinary hearingtractor accident25 years service

Key Issues

{"issue_text":"Whether the appellant was guilty of gross negligence as charged","issue_type":"mixed","dispositive":"yes","related_facts":"Appellant's actions in operating tractor, attempting turns in inadequate space, re-hitching full bowser, continuing to pull while sinking"}
{"issue_text":"Whether the penalty of dismissal was appropriate considering mitigating factors","issue_type":"law","dispositive":"yes","related_facts":"Appellant's 25 years service, clean record, age, dependants, lack of remorse"}

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Facts of the Case

Background

Appellant, a driver with 25 years service, was dismissed for gross negligence after a tractor towing a 10,000 litre bowser broke in two during operation. The incident occurred when appellant attempted to turn the tractor with inadequate space, causing the bowser to sink in soil, and continued attempting to pull it while hitched despite visible sinking.

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