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Labour Court
Tapera Musiwarwo v TM Supermarkets (Pvt) Ltd
[2020] ZWLC 195
Case Details
Court
Labour Court
Date
28 August 2020
Citation
[2020] ZWLC 195
Judgment No.
LC/H/195/2020
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Makamure J
Full Bench
Makamure J
Areas of Law
Labour lawEmployment disciplinary proceedings
Keywords
gross incompetencegross negligencedisciplinary appealdouble jeopardyNational Code of Conduct
Tags
disciplinary appealgross incompetencegross negligencedouble jeopardy
legislation
Statutes Cited
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the appellant's conduct constituted gross incompetence or inefficiency under paragraph 4(f) of S.I. 15/06","issue_type":"law","dispositive":"yes","related_facts":"Appellant's error in disqualifying winning coupon, team participation in decision"}
- {"issue_text":"Whether the disciplinary authority erred by finding gross negligence while charging gross incompetence","issue_type":"law","dispositive":"yes","related_facts":"Disciplinary authority's findings versus charge"}
- {"issue_text":"Whether the penalty imposed constituted double jeopardy","issue_type":"law","dispositive":"no","related_facts":"Final written warning plus demotion and benefit reduction"}
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background
Facts of the Case
Background
The appellant, a branch manager, led a team conducting a promotional draw where he mistakenly disqualified a winning coupon and drew another, resulting in two potential winners. He was charged with gross incompetence under the National Code of Conduct but the disciplinary authority found him grossly negligent instead.
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