Wesley Zunga v Diamond Mining Corporation

Key Issues

• {"issue_text":"Whether grounds 6 to 8 of the appeal, which relate to procedural aspects of the disciplinary hearing, should be struck off as they constitute grounds for review rather than appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Grounds 6-8 allege: descent into arena by hearing officer, denial of cross-examination, denial of right to testify, and procedural unfairness"}
• {"issue_text":"Whether grounds 1 to 5, which relate to substantive aspects of the case, are properly before the court despite respondent's objection that they raise factual issues only","issue_type":"law","dispositive":"yes","related_facts":"Grounds 1-5 challenge the evidentiary basis for the dismissal"}
• {"issue_text":"Whether there was sufficient evidence to support the finding that the appellant was guilty of misconduct","issue_type":"fact","dispositive":"yes","related_facts":"The absence of Elton Chinyama's statement and testimony; the appellant's timeline of being off duty"}

Background