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Labour Court

Vhusile Kasiyandima v City of Harare

JUDGMENT NO. LC/H/847/14

Case Details

Court
Labour Court
Date
13 October 2014
Citation
JUDGMENT NO. LC/H/847/14
Neutral Citation
[2014] ZWLC 847/14
Judgment No.
LC/H/847/14
Outcome
unknown
Case Type
Appeal

Bench

Presiding
R.F. Manyangadze
Full Bench
R.F. Manyangadze
Areas of Law
Employment LawLabour Law
Keywords
arbitral awarddisciplinary committeegoods received noteimplied termsreasonable care
Tags
misconductverification of goodsbreach of trustdismissal
legislation
Statutes Cited
  • Collective Bargaining Agreement: Harare Municipal Undertaking (Employment Code of Conduct)
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the appellant had responsibility for the discrepancy in the invoiced vehicle parts and the parts actually supplied.","issue_type":"fact","dispositive":"yes","related_facts":"Appellant's role as Charge Hand; signing of Goods Received Note; admission of not verifying parts"}
  • {"issue_text":"Whether the appellant's failure to verify the goods supplied was inconsistent with the implied terms of his contract of employment.","issue_type":"law","dispositive":"yes","related_facts":"Appellant's admission of trusting the supplier; Arbitrator's finding on duty of care"}
  • {"issue_text":"Whether the penalty of dismissal was appropriate in the circumstances.","issue_type":"law","dispositive":"yes","related_facts":"Appellant's long service; lack of actual prejudice; breach of trust"}
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background
Facts of the Case

Background

The appellant, a Charge Hand (Motor Mechanic) employed by the respondent since 1988, confirmed the receipt and fitting of 14 motor vehicle parts from Ian Dickie Parts (Pvt) Ltd, valued at US$9,400.00, and passed the invoice for payment. Subsequent investigation revealed that only 9 parts were fitted, with a discrepancy value of US$2,526.00. The appellant was dismissed for misconduct after admitting he did not verify the parts due to trust in the supplier.
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