Stephen Ncube v Cross Country Containers (Pvt) Ltd

[2014] ZWLC 494

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Case Details

Court

Labour Court

Date

1 August 2014

Citation

[2014] ZWLC 494

Judgment No.

LC/H/494/14

Outcome

unknown

Case Type

Review

Bench

Presiding

L. M. Murasi J

Full Bench

L. M. Murasi J

Areas of Law

Labour lawDisciplinary proceedings

Keywords

disciplinary committeefinal written warninginsubordinationreview application

Key Issues

{"issue_text":"Whether the Managing Director was competent to impose a final written warning for a first offence","issue_type":"law","dispositive":"yes","related_facts":"Code provides written warning for first offence; Managing Director imposed final written warning"}
{"issue_text":"Whether there was bias in the disciplinary proceedings","issue_type":"fact","dispositive":"no","related_facts":"Applicant's representatives were on the committee; Committee deadlocked"}

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background

Facts of the Case

Background

The applicant, a driver employed by the respondent, was charged with misconduct for driving a truck without an escort contrary to standing instructions. After a disciplinary committee deadlocked, the matter was referred to the Managing Director who imposed a final written warning. The applicant challenged this penalty as incompetent and alleged bias in the disciplinary process.

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