Unity Ndawi v Falcon Gold Zimbabwe Limited t/a Dalny Mine

JUDGMENT NO. LC/H/60/2013

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Case Details

Court

Labour Court

Date

21 February 2013

Citation

JUDGMENT NO. LC/H/60/2013

Neutral Citation

[2013] ZWLC 60

Judgment No.

LC/H/60/2013

Outcome

unknown

Case Type

Review

Bench

Presiding

E. Makamure

Author

MAKAMURE E.

Full Bench

E. Makamure

Areas of Law

Labour Law Administrative Law

Keywords

wilful disobedienceappeal procedurecode of conductcompliance

Key Issues

{"issue_text":"Whether the application for review should be dismissed for failure to file heads of argument","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's legal practitioner failed to file heads of argument as required by Rule 19(3)"}
{"issue_text":"Whether the internal appeal proceedings were procedurally irregular","issue_type":"procedural","dispositive":"no","related_facts":"Appeal was conducted without the applicant being present or heard"}
{"issue_text":"Whether the applicant's refusal to write the report constituted wilful disobedience","issue_type":"fact","dispositive":"no","related_facts":"Applicant refused to write report, stating she needed to consult lawyer first"}

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background

Facts of the Case

Background

An audit at the workplace discovered anomalies related to the applicant's performance. The applicant refused to write a report explaining the anomalies, stating she needed to consult her lawyer first, which led to disciplinary proceedings for wilful disobedience and subsequent dismissal. The internal appeal was conducted without the applicant being heard, violating the code of conduct.

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