Share Pirimukai v Zimbabwe Consolidated Diamond Company (Pvt) Ltd

LC/MC/1/2020

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Case Details

Court

Labour Court

Date

24 January 2020

Citation

LC/MC/1/2020

Neutral Citation

[2020] ZWLC 1

Outcome

unknown

Case Type

Appeal

Bench

Presiding

L. Hove J

Full Bench

L. Hove J

Areas of Law

Labour lawDisciplinary proceedingsStandard of proof

Keywords

theftgross incompetencebalance of probabilitiesdisciplinary appealdiamond theftsecurity breach

Key Issues

{"issue_text":"Whether the designated authority erred in upholding conviction on two charges arising from same facts","issue_type":"procedural","dispositive":"no","related_facts":"Both charges stemmed from single incident of missing diamonds"}
{"issue_text":"Whether guilt was proved on balance of probabilities","issue_type":"mixed","dispositive":"yes","related_facts":"Evidence of missing diamonds, security breach, appellant's failure to detect/report"}

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background

Facts of the Case

Background

The appellant, a security employee at a diamond company, was dismissed for gross incompetence and theft after 36 diamonds worth $64,800 went missing. An investigation revealed 72 diamonds were picked but only 36 were accounted for. The appellant appealed to the designated authority which upheld the dismissal, leading to this Labour Court appeal.

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