Shepherd Tembo v Golden Valley Mine

[2014] ZWLC 129

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Case Details

Court

Labour Court

Date

14 March 2014

Citation

[2014] ZWLC 129

Judgment No.

LC/H/129/14

Outcome

unknown

Case Type

Appeal

Bench

Presiding

G. Mhuri

Full Bench

G. Mhuri

Areas of Law

Labour lawDisciplinary proceedings

Keywords

Suspected theftHearsay evidenceVictimizationCode of conduct

Key Issues

{"issue_text":"Whether dismissal for \"suspected theft\" was valid when this offence is not in the code of conduct","issue_type":"procedural","dispositive":"no","related_facts":"Appellant was charged with suspected theft; code of conduct lacks this specific charge"}
{"issue_text":"Whether hearsay evidence is admissible in disciplinary proceedings","issue_type":"law","dispositive":"no","related_facts":"Evidence against appellant came from co-accused T. Phiri and Joshua Phiri"}
{"issue_text":"Whether appellant was victimized for reporting theft three days earlier","issue_type":"fact","dispositive":"no","related_facts":"Appellant reported theft three days before being implicated"}

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background

Facts of the Case

Background

The appellant, a bellman employed by Golden Valley Mine, was dismissed for suspected theft after being implicated by co-workers in a gold ore theft incident. He appealed on grounds that "suspected theft" was not in the code of conduct, the evidence was hearsay, and he was being victimized.

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