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Supreme Court
Southern African AIDS Trust v Maxmillan Mugabe
SC 54/2020
Case Details
Court
Supreme Court
Date
27 March 2020
Citation
SC 54/2020
Neutral Citation
[2020] ZWSC 54
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Hlatshwayo JA
Full Bench
Hlatshwayo JAPatel JAMavangira JA
Areas of Law
Labour LawEmployment LawDisciplinary Proceedings
Keywords
sexual harassmentmisconductdisciplinary penaltyemployment dismissalappeal
Tags
sexual harassmentdisciplinary proceedingsemployment misconductpenalty review
legislation
Statutes Cited
- Labour Act
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the Labour Court erred in upholding the disciplinary authority's penalty of final warning and suspension instead of dismissal for sexual harassment","issue_type":"mixed","dispositive":"yes","related_facts":"Respondent committed sexual harassment; disciplinary authority imposed lenient penalty; appellant sought dismissal"}
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background
Facts of the Case
Background
The respondent employee was found guilty of sexual harassment after stripping naked and entering a workshop participant's bed without invitation. The disciplinary authority imposed a final warning and one-month suspension, which the Labour Court upheld. The appellant employer appealed seeking dismissal as the appropriate penalty.
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