Stella Nhari v Zimbabwe Allied Banking Group Limited

SC 6/20

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Case Details

Court

Supreme Court

Date

2 February 2017

Citation

SC 6/20

Neutral Citation

[2020] ZWSC 6

Outcome

unknown

Case Type

Appeal

Bench

Presiding

GARWE JA

Author

GUVAVA JA

Full Bench

GARWE JAGUVAVA JAUCHENA JA

Areas of Law

Labour lawEmployment contractsDisciplinary proceedings

Keywords

Unfair dismissalDisciplinary hearing biasEmployment contract variationReporting structure changes

Key Issues

{"issue_text":"Whether the chairman of the disciplinary committee was biased","issue_type":"law","dispositive":"no","related_facts":"Chairman was elevated from Head Advances to Operations Director in same restructuring"}
{"issue_text":"Whether the appellant was guilty of conduct inconsistent with her employment contract","issue_type":"mixed","dispositive":"yes","related_facts":"Appellant refused to comply with new reporting structure despite repeated instructions"}
{"issue_text":"Whether the appellant was obliged to comply with the employer's directive and take corrective action later","issue_type":"law","dispositive":"yes","related_facts":"Appellant insisted on using old reporting structure pending Board decision"}

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background

Facts of the Case

Background

The appellant, employed as Head of Compliance, was dismissed after refusing to comply with a new reporting structure that required her to report to the Head of Corporate and Legal Services instead of directly to the CEO. She was charged with misconduct for refusing to follow lawful orders and was dismissed following a disciplinary hearing.

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