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Labour Court
Shepherd Marara v Total Zimbabwe
[2024] ZWLC 137
Case Details
Court
Labour Court
Date
26 March 2024
Citation
[2024] ZWLC 137
Judgment No.
LC/H/137/24
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Kachambwa J
Full Bench
Kachambwa J
Areas of Law
Labour lawDisciplinary proceedingsStandard of proof in disciplinary matters
Keywords
disciplinary appealeffective follow-upbreach of employment contractbalance of probabilitiesappellate interference
Tags
disciplinary hearingemployment terminationappeal against conviction
legislation
Statutes Cited
- Labour (National Employment Code of Conduct) Regulations
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the Appeals Authority erred in convicting appellant of “failure to make effective follow up” instead of simple “failure to follow up”","issue_type":"law","dispositive":"no","related_facts":"Appellant prepared recommendations but implementation lagged six months"}
- {"issue_text":"Whether single uncorroborated witness evidence suffices for conviction on balance of probabilities","issue_type":"mixed","dispositive":"no","related_facts":"Felix Ncube testified appellant received USD 200; no corroboration"}
- {"issue_text":"Whether penalty of dismissal disproportionate absent aggravation submissions","issue_type":"procedural","dispositive":"no","related_facts":"Employer imposed termination; appellant argued mitigation ignored"}
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background
Facts of the Case
Background
Appellant, a 35-year employee and retail controller, was convicted on three disciplinary charges: failure to effectively follow up audit recommendations, receiving USD 200 from a caretaker, and failing to report an illegal shop at Glenview service station. He appealed against both conviction and penalty, arguing misdirection and insufficient evidence.
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