Tennie Chimbera v Metallon Gold Zimbabwe (Pvt) Ltd

[2016] ZWLC 110

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Case Details

Court

Labour Court

Date

4 March 2016

Citation

[2016] ZWLC 110

Judgment No.

LC/H/110/16

Outcome

unknown

Case Type

Review

Bench

Presiding

P Muzofa

Full Bench

P Muzofa

Areas of Law

Labour lawDisciplinary proceedings

Keywords

suspensionprocedural irregularitiesdisciplinary committeebiasNational Code of Conduct

Key Issues

{"issue_text":"Whether the suspension letter complied with section 6(1) of SI 15/2006 in setting out reasons and grounds for suspension","issue_type":"procedural","dispositive":"no","related_facts":"Suspension letter content, restriction of movement"}
{"issue_text":"Whether the disciplinary body was properly constituted in terms of section 2 of SI 15/2006","issue_type":"procedural","dispositive":"yes","related_facts":"Composition of disciplinary panel including Dr Madume, objection by applicant's representative"}
{"issue_text":"Whether there was bias in the disciplinary proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Failure to address applicant's defence, preliminary issues not determined"}

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Facts of the Case

Background

The applicant, employed as chief security officer at Shamva, was suspended on 2 June 2015 pending investigation into alleged theft of gold ore. Disciplinary proceedings were held on 1 July 2015. The applicant sought review alleging procedural irregularities in suspension, improper constitution of the disciplinary authority, and bias.

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