Tadious Nyamuziwa v Zimplats (Private) Limited

[2014] ZWLC 793

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Case Details

Court

Labour Court

Date

1 September 2014

Citation

[2014] ZWLC 793

Judgment No.

LC/H/793/2014

Outcome

unknown

Case Type

Appeal

Bench

Presiding

R F Manyangadze

Full Bench

R F Manyangadze

Areas of Law

Labour lawEmployment disciplinary procedures

Keywords

Wilful misconductIntentionNegligenceCompany propertyCode of Conduct

Key Issues

{"issue_text":"Whether appellant had requisite intention to commit wilful misconduct","issue_type":"mixed","dispositive":"yes","related_facts":"Appellant's decision to cross flooded river, resulting vehicle damage"}
{"issue_text":"Whether there was improper splitting of charges","issue_type":"procedural","dispositive":"no","related_facts":"Multiple charges for same incident"}
{"issue_text":"Whether dismissal penalty was appropriate","issue_type":"law","dispositive":"no","related_facts":"Nature of misconduct, appellant's employment position"}

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Facts of the Case

Background

The appellant, a Section Engineer employed by Zimplats, attempted to cross a flooded river in a company vehicle which was swept away and extensively damaged. He was charged with wilful loss, damage and misuse of company property and negligence, found guilty of the first three charges by the Disciplinary Committee, and dismissed.

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