TM Supermarkets v Marian Machipisa

JUDGMENT NO. LC/H/109/2013

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Case Details

Court

Labour Court

Date

22 January 2013

Citation

JUDGMENT NO. LC/H/109/2013

Neutral Citation

[2013] ZWLC 109

Judgment No.

LC/H/109/2013

Outcome

unknown

Case Type

Appeal

Bench

Presiding

L. Kudya

Full Bench

L. Kudya

Areas of Law

Labour LawEmployment Contracts

Keywords

dismissalmisconductshortfallscode of conductreinstatementdisciplinary committee

Key Issues

{"issue_text":"Whether the National Employment Council erred in upholding the Local Joint Committee's decision to set aside the dismissal","issue_type":"law","dispositive":"yes","related_facts":"Absence of standards to measure lack of skill; classification of offence based on amount of loss"}
{"issue_text":"Whether the employer properly exercised its discretion in charging the respondent under group 4(b) of the code of conduct","issue_type":"law","dispositive":"yes","related_facts":"Shortfall of US$99.84; lack of set standards for measuring performance"}
{"issue_text":"Whether the grounds of appeal were properly particularized","issue_type":"procedural","dispositive":"no","related_facts":"Appellant conducted defense without legal expertise"}

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background

Facts of the Case

Background

Respondent, employed as a till operator, incurred a shortfall of US$99.84 on 1 July 2010 which she could not satisfactorily explain. She was charged under the employer's code of conduct for contravening group 4(b) regarding unsatisfactory performance. After disciplinary committee found her guilty and recommended dismissal, she appealed through internal processes which ultimately set aside the dismissal, leading to this appeal.

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