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Labour Court

Washington Mareya v Zimbabwe Power Company

JUDGMENT NO. LC/H/ 91/2021

Case Details

Court
Labour Court
Date
10 March 2021
Citation
JUDGMENT NO. LC/H/ 91/2021
Neutral Citation
[2021] ZWLC 91
Judgment No.
LC/H/ 91/2021
Outcome
unknown
Case Type
Appeal

Bench

Presiding
Makamure J
Full Bench
Makamure J
Areas of Law
Employment LawAdministrative Law
Keywords
misconductdismissalpublic entitysignatoryprofessional duty
Tags
Disciplinary proceedingsPublic Finance Management ActPolitical pressureFeasibility studyAdvance payment guarantee
legislation
Statutes Cited
  • Public Finance Management Act
  • Public Finance Management Act
  • National Code of Conduct
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the Disciplinary Authority erred in finding the appellant guilty of misconduct regarding the failure to ensure a feasibility study was conducted and the release of funds without a guarantee.","issue_type":"fact","dispositive":"yes","related_facts":"Failure to ensure feasibility study; signing payment release without guarantee; lack of written protest."}
  • {"issue_text":"Whether the Disciplinary Authority erred in imposing the penalty of dismissal.","issue_type":"law","dispositive":"yes","related_facts":"Nature of misconduct; political pressure; relationship between parties."}
  • {"issue_text":"Whether the Disciplinary Authority erred in not requiring viva voce evidence.","issue_type":"procedural","dispositive":"no","related_facts":"Facts were largely common cause."}
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background
Facts of the Case

Background

The appellant, employed as General Manager, Projects by the respondent, was dismissed for failing to ensure a feasibility study was conducted and for signing off on payment releases without an advance payment guarantee from a contractor, despite alleged political pressure. The Disciplinary Authority found his failure to protest in writing as required by the Public Finance Management Act rendered his actions culpable.
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