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Labour Court

Securico Security Services v Cenceni Choto

[2014] ZWLC 172

Case Details

Court
Labour Court
Date
28 March 2014
Citation
[2014] ZWLC 172
Judgment No.
LC/H/172/2014
Outcome
unknown
Case Type
Appeal

Bench

Presiding
B.T. Chivizhe
Full Bench
B.T. Chivizhe
Areas of Law
Labour lawUnfair dismissalDisciplinary procedures
Keywords
MisconductUniform theftIntention to depriveReinstatementDisciplinary appeal
Tags
Disciplinary hearingMisconductUniform theftAppeal against reinstatement
legislation
Statutes Cited
  • NECCS Employment Code of Conduct for the Commercial Sectors
  • NECCS Employment Code of Conduct for the Commercial Sectors
  • NECCS Employment Code of Conduct for the Commercial Sectors
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the Negotiating Committee erred in finding that respondent had no intention to permanently deprive employer of uniforms","issue_type":"mixed","dispositive":"yes","related_facts":"Respondent kept shirts for four months, was senior supervisor aware of company policy, other employees returned uniforms"}
  • {"issue_text":"Whether the appeal grounds relating to procedural violations of Employment Code were properly before the court","issue_type":"procedural","dispositive":"no","related_facts":"Grounds 1 and 2 related to Local Joint Committee procedures"}
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background
Facts of the Case

Background

The respondent, a supervisor employed by the appellant, was dismissed for unlawfully taking company property (two extra white shirts) with intent to permanently deprive the employer. The shirts were issued for World Cup duties but not returned. After disciplinary hearing and unsuccessful appeals to Mashonaland Local Joint Committee, the Negotiating Committee reversed the dismissal and ordered reinstatement, leading to this appeal.
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