Clement Chigede v Delta Beverages

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO. LC/H/112/2013
HELD IN HARARE, APRIL 3, 2013
CASE NO. LC/H/03/12
In the Matter Between
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IN THE LABOUR COURT OF ZIMBABWE 	JUDGMENT NO. LC/H/112/2013

HELD IN HARARE, APRIL 3, 2013		CASE NO. LC/H/03/12

In the Matter Between

CLEMENT CHIGEDE				       	APPELLANT

And

DELTA BEVERAGES				       	RESPONDENT

Before The Honourable E. Makamure         : President

FOR THE APPELLANT     		: Mr E. Maponga

FOR THE RESPONDENT  	: Mr G. Chingoma

MAKAMURE E.,

This is an appeal against the decision of the Works Council of the Respondent.  The Respondent dismissed the appellant following disciplinary proceedings for “Proven cases of theft” in violation of provisions of the respondent’s code of conduct.

The facts of this matter appear to be largely common cause.  They are as follows:

The appellant who was employed by the respondent as a driver was sent to collect “empties”.  After travelling for a distance of 26 kilometres there was a decline of fuel in the truck he used in the volume of between 95 and 120 litres (diesel).  Further the respondent through its tracking system observed that the appellant diverted from the usual route for six minutes (between 19:37hrs and 19:43hrs) before resurfacing and going back to the depot or to the usual recommended route.  There is no explanation as to the disappearance of the fuel.

The appellant has suggested that the respondent’s tracking system is faulty.  That may be so but that fault does not justify the reduction in the volume of fuel.  The reduction in fuel is not consistent with the distance that was travelled.  The only reasonable conclusion one can reach is that it is the appellant who caused the disappearance of the fuel.  I therefore find no merit in the appeal.  I also find no error in the determination by the earlier tribunal.

In the circumstances the appeal fails.

Accordingly, it is ordered that the appeal be and is hereby dismissed with costs.

United Food And Allied Workers Union, Representing the Appellant.

Dube, Manikai and Hwacha Legal Practitioners, Representing the Respondent.