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Labour Court

Tendai Patricia Zambe v Grain Marketing Board

[2013] ZWLC 54

Case Details

Court
Labour Court
Date
22 February 2013
Citation
[2013] ZWLC 54
Judgment No.
LC/H/54/13
Outcome
unknown
Case Type
Review

Bench

Presiding
G Musariri
Full Bench
G Musariri
Areas of Law
Labour lawDisciplinary proceedings
Keywords
unfair dismissaldisciplinary hearingreviewmisconduct
Tags
disciplinary hearingdismissalreview application
legislation
Statutes Cited
  • No statutes were cited in this judgment.
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the disciplinary committee failed to inquire if applicant understood the charge","issue_type":"procedural","dispositive":"no","related_facts":"Applicant's response \"I deny all the charges\""}
  • {"issue_text":"Whether there was bias in the disciplinary proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Allegation that Mr Sakutukwa told her she was dismissed before hearing"}
  • {"issue_text":"Whether applicant was informed of right to legal representation","issue_type":"procedural","dispositive":"no","related_facts":"Code of Conduct permitted attorney representation"}
  • {"issue_text":"Whether applicant was denied opportunity to call witnesses","issue_type":"procedural","dispositive":"no","related_facts":"No evidence in minutes of request to call witnesses"}
  • {"issue_text":"Whether witnesses gave evidence in applicant's absence","issue_type":"procedural","dispositive":"no","related_facts":"Minutes do not support allegation"}
  • {"issue_text":"Whether refusal to provide minutes nullifies proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Applicant only got minutes from court record"}
  • {"issue_text":"Whether applicant was denied opportunity to mitigate","issue_type":"procedural","dispositive":"no","related_facts":"Minutes show she was given opportunity to mitigate"}
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background
Facts of the Case

Background

The applicant, a Handling Supervisor employed by Grain Marketing Board, was dismissed following disciplinary proceedings for allegedly releasing merchandise to an unauthorized person. She sought review of the disciplinary process, alleging various procedural irregularities.
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