Wellington Makuvare v Zimbabwe Platinum Mines (Private) Limited

JUDGMENT NO. LC/H/54/2020

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Case Details

Court

Labour Court

Date

27 May 2019

Citation

JUDGMENT NO. LC/H/54/2020

Neutral Citation

[2020] ZWLC 54

Judgment No.

LC/H/54/2020

Outcome

unknown

Case Type

Appeal

Bench

Presiding

L. Hove

Author

HOVE J

Full Bench

L. Hove

Areas of Law

Employment LawLabour Law

Keywords

misconductaggravatory factorsmitigationdismissalcode of conduct

Key Issues

{"issue_text":"Did the disciplinary committee and appeals panel correctly exercise discretion by taking into account a final written warning for an offence of one category (alcohol) when considering a new offence of a different category (safety and health)?","issue_type":"law","dispositive":"yes","related_facts":"The appellant was serving a final written warning for alcohol-related misconduct; he committed a safety-related breach."}

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Facts of the Case

Background

The appellant, an employee of the respondent, was charged with negligence causing an accident under section 3.6 of the Code of Conduct. The disciplinary committee imposed a final written warning, which was accelerated to dismissal because the appellant was already serving a final written warning for a different offence (reporting for work under the influence of alcohol). The Labour Court found that the previous warning should not have been considered for acceleration as the new offence was in a different category.

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