TAPFUMANEYI MATSINDE v PETROTRADE (PVT) LTD

[2016] ZWLC 189

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Case Details

Court

Labour Court

Date

18 March 2016

Citation

[2016] ZWLC 189

Judgment No.

LC/H/189/2016

Outcome

unknown

Case Type

Appeal

Bench

Presiding

E Makamure J

Full Bench

E Makamure J

Areas of Law

Labour lawEmployment disciplinary proceedingsArbitration review

Keywords

Unfair dismissalArbitration awardProcurement committeeMisconductEmployer discretion

Key Issues

{"issue_text":"Whether the employer erred in selectively disciplining only some committee members","issue_type":"law","dispositive":"no","related_facts":"Only three of six committee members were charged"}
{"issue_text":"Whether the arbitrator misinterpreted procurement regulations regarding CEO's role","issue_type":"law","dispositive":"no","related_facts":"Sections 3 and 14 of Procurement Regulations"}
{"issue_text":"Whether dismissal was an appropriate penalty for first offender","issue_type":"law","dispositive":"no","related_facts":"Appellant was a first offender"}
{"issue_text":"Whether there was sufficient evidence to support the arbitrator's findings","issue_type":"mixed","dispositive":"yes","related_facts":"Communication to Vitol without CEO approval"}

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background

Facts of the Case

Background

The appellant, as chairperson of the respondent's Procurement Committee, communicated a provisional tender award to Vitol without the CEO's approval. The arbitrator found this constituted gross misconduct warranting dismissal, and the appellant appealed this decision.

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