TELONE (PVT) LTD v LAST DZIVAKWI

[2014] ZWLC 13

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Case Details

Court

Labour Court

Date

14 February 2014

Citation

[2014] ZWLC 13

Judgment No.

LC/H/13/2014

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Chidziva J

Full Bench

Chidziva J

Areas of Law

Labour lawEmployment disciplinary proceedings

Keywords

Absence from dutyFalsification of recordsNational Hearing CommitteeRegional Hearing CommitteeFinal warningDismissal

Key Issues

{"issue_text":"Whether the National Hearing Committee erred by hearing the appeal without the presence of the Appellant","issue_type":"procedural","dispositive":"no","related_facts":"Section 8.2.4.(3)(b) allows hearings on record without fresh evidence"}
{"issue_text":"Whether the National Hearing Committee imposed the correct penalties on the offences that Respondent was convicted of","issue_type":"mixed","dispositive":"yes","related_facts":"Category 4(14) provides for dismissal; dishonesty goes to root of employment contract"}

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background

Facts of the Case

Background

The appellant employer appealed against the National Hearing Committee's decision to impose final warnings on the respondent employee for offences of absence from duty and falsification of records, which the employer contended should have resulted in dismissal. The National Hearing Committee had overturned the Regional Hearing Committee's decision to dismiss the employee.

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