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Labour Court
ZB Financial Holding Ltd v Sheila Botha
JUDGMENT NO LC/H/238/13
Case Details
Court
Labour Court
Date
7 June 2013
Citation
JUDGMENT NO LC/H/238/13
Neutral Citation
[2013] ZWLC 238
Judgment No.
LC/H/238/13
Outcome
unknown
Case Type
Appeal
Bench
Presiding
G Musariri
Full Bench
G Musariri
Areas of Law
Labour LawEmployment Law
Keywords
dismissalreinstatementNEC determinationevidence
Tags
theftfraudmisconductbalance of probabilities
legislation
Statutes Cited
- UNKNOWN
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the NEC determination was correct in ordering reinstatement","issue_type":"mixed","dispositive":"yes","related_facts":"All facts regarding payment discrepancy and evidence"}
- {"issue_text":"Whether the dismissal was justified on balance of probabilities","issue_type":"law","dispositive":"yes","related_facts":"Evidence of theft/fraud"}
- {"issue_text":"Whether Chareka's recanting affidavit is credible","issue_type":"fact","disposition":"yes","related_facts":"Affidavit circumstances and timing"}
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background
Facts of the Case
Background
Respondent was dismissed for theft/fraud after raising a payment voucher for ZWD$2,650,000 but allegedly paying only $650,000 to a service provider. The NEC ordered reinstatement, but the Labour Court found the dismissal was justified based on the balance of probabilities.
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