Zimbabwe Leaf Tobacco (Private) Limited v Dereck Maponga

JUDGMENT NO LC/H/216/2014

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Case Details

Court

Labour Court

Date

26 November 2013

Citation

JUDGMENT NO LC/H/216/2014

Neutral Citation

[2014] ZWLC 216

Judgment No.

LC/H/216/2014

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Manyangadze J

Author

R F Manyangadze

Full Bench

Manyangadze JKudya J

Areas of Law

Employment LawLabour Relations

Keywords

jurisdictionwork-relatedmisconductdisciplinary codeclub constitution

Key Issues

{"issue_text":"Whether the appellant had jurisdiction to discipline the respondent under the NEC Tobacco Industry Code of Conduct for misconduct committed during a social soccer match.","issue_type":"law","dispositive":"yes","related_facts":"The respondent's role as employee and club member; the nature of the misconduct; the club's ownership and constitution."}
{"issue_text":"Whether the GDC erred by remitting the matter without definitively ruling on jurisdiction and by making extraneous orders regarding the club's constitution.","issue_type":"procedural","dispositive":"yes","related_facts":"The GDC's order to investigate under the club's constitution and comments on its constitution."}

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background

Facts of the Case

Background

The respondent, an employee of the appellant and Vice-Chairman of its wholly-owned football club, was dismissed for selling club meat and converting the money. The dismissal was upheld by the Works Council but set aside by the GDC, which remitted the matter for investigation under the club's constitution. The employer appealed, arguing it had jurisdiction under the NEC Code of Conduct as the misconduct was work-related.

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