TN Asset Management v Mary Mbewe

JUDGMENT NO. LC/H/10/2020

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Case Details

Court

Labour Court

Date

20 January 2020

Citation

JUDGMENT NO. LC/H/10/2020

Neutral Citation

[2020] ZWLC 10

Judgment No.

LC/H/10/2020

Outcome

unknown

Case Type

Appeal

Bench

Presiding

B.T. Chivizhe

Full Bench

B.T. Chivizhe

Areas of Law

Labour LawEmployment Law

Keywords

DismissalArbitrationReinstatementMisconductBoard pack

Key Issues

{"issue_text":"Whether the Arbitrator erred by interfering with the findings made by the employer that Respondent was guilty of gross incompetence.","issue_type":"law","dispositive":"yes","related_facts":"The arbitrator found the evidence insufficient to prove gross incompetence."}
{"issue_text":"Whether the Arbitrator erred by finding that the misconduct of gross incompetence did not go to the root of the employment contract.","issue_type":"law","dispositive":"yes","related_facts":"The arbitrator found the misconduct did not warrant dismissal."}
{"issue_text":"Whether the Arbitrator misdirected himself in interfering with the penalty.","issue_type":"law","dispositive":"yes","related_facts":"The arbitrator substituted the dismissal with reinstatement."}

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Facts of the Case

Background

The Appellant, TN Asset Management, dismissed the Respondent, Mary Mbewe, from her position as Compliance Manager for gross incompetence and misconduct. The Labour Court allowed the employer's appeal, finding that the arbitrator had erred in interfering with the employer's decision, and reinstated the original disciplinary decision to dismiss the Respondent.

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