Knight Security Services v Taruvinga Magaisa

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO. LC/H/20/2013
HELD IN HARARE, JUNUARY 28, 2013
CASE NO. LC/H/757/11
In the Matter Between
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IN THE LABOUR COURT OF ZIMBABWE 	JUDGMENT NO. LC/H/20/2013

HELD IN HARARE, JUNUARY 28, 2013		CASE NO. LC/H/757/11

In the Matter Between

KNIGHT SECURITY SERVICES			APPELLANT

And

TARUVINGA MAGAISA			       	RESPONDENT

Before The Honourable E. Makamure         : President

For The Appellant     		: Mr D. Muzavazi (Legal Practitioner)

For The Respondent  		: In Person

MAKAMURE E.,

This is an appeal from the decision of the Chief Designated Agent of the National Employment Council for Commercial Workers (NECCS).  The facts of the matter are that the respondent was employed by the appellant as a security guard.  At the material time he was responsible for checking that other guards reported for duty or were correctly recorded according to the work stations that they would be guarding.  The said security guards are identified by means of numbers.

The respondent made an entry that security guard number 1931 was on duty when in fact 2181 was on duty.  That was wrong.  That entry resulted with him being charged with forgery.  His explanation was that he was confused and made an incorrect entry.

He successfully appealed to the Local Joint Committee.  That success aggrieved the employer and the employer appealed to the Negotiating Committee.  The Negotiating Committee dismissed the appeal.  Still aggrieved the appellant appealed to this Court.  One of the reasons why the appeal succeeded before the earlier tribunals is that the earlier appellate authorities did not have minutes of the initial disciplinary hearing.  In their respective findings the appellate authorities ruled that the absence of the minutes was proof enough that the respondent was not afforded a chance to present his defence.

However, when the record was presented before this Court, proof of the disciplinary process including the minutes of the hearing was part of the record.  It turned out that the respondent had left a copy of the minutes or record of proceedings with a union official.  The union official did not forward the minutes to the two appellate authorities.  It has been established that the earlier tribunals did not have the minutes of the disciplinary hearing at the work place.  It is proper that that situation be corrected.  [See Dalny Mine v Banda 1999(1) ZLR 220 (SC)].

In view of the foregoing the matter must be referred back to enable the Local Joint Committee to consider the appeal with all the appropriate documents.  The decision of the Negotiating Committee is set aside.

Accordingly, it is ordered that the matter be and is hereby remitted to the Local Joint Committee for it to consider the appeal afresh.  The appeal should be completed within fourteen days of this order.

Mtombeni, Mukwesha, Muzawazi, Legal Practitioners for the Appellant.

The Respondent, In Person.