Sarah Kabiseni v Total Energies Marketing Zimbabwe (Pvt) Ltd

Key Issues

• {"issue_text":"Whether the Labour Court has jurisdiction to hear a direct appeal from disciplinary proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Statutory provisions allowing appeals either through labour officer or directly to Labour Court"}
• {"issue_text":"Whether the disciplinary authority wrongly shifted the onus of proof to the appellant","issue_type":"law","dispositive":"no","related_facts":"Appellant claimed extracts existed in shared folder but never exhibited them"}
• {"issue_text":"Whether appellant was wrongly found guilty of failure to obey lawful instruction","issue_type":"law/fact","dispositive":"no","related_facts":"Appellant conceded receiving instruction to update equipment status but failed to do so"}
• {"issue_text":"Whether dismissal penalty was appropriate without aggravation factors being submitted","issue_type":"law","dispositive":"no","related_facts":"Employer did not submit aggravation facts before imposing dismissal"}

Background