Mr. Mafongoya submitted that the appropriate penalty in the matter was not dismissal. He referred to section 65 of the Constitution of Zimbabwe which provides for citizens being accorded the right to fair labour practices. He also referred to the ZIMRA Code of Conduct particularly Clauses 6.2, 6.3, 6.4 with the latter providing that training and education should be the paramount features of any punishment and any punitive penalty should be adopted as a last resort. He referred to case law which provides that an employer has the discretion to mete a penalty of dismissal where the misconduct in question... More
This is an appeal against the decision of a labour officer acquitting respondent from wrongdoing. The appellant employer was aggrieved by that decision. It appealed to this Court. More
The Appellant is a statutory corporation whose principal function is to act as an agent of the State in assessing, collecting and enforcing the payment of all revenues. At the relevant time, respondent was employed as a Revenue Trainee by appellant from May 2011 until April 2012 when he was dismissed pursuant to a disciplinary hearing conducted on the 13th of April 2012. More
At the hearing of this appeal, Respondents Counsel raised a point in limine concerning the citation of the Respondents. It was his argument that there is no legal persona known as “12 others”. Appellant ought to have cited the 13 Respondents in name in its notice of appeal. He argued that the notice of appeal which cites Chenayi Nyaguse and 12 others is totally defective and cannot be amended as it is a nullity. More
On the 11th December 2020 at Harare, Labour Officer L. Nhandara issued a ruling which ordered appellant (employer) to reinstate respondent (employee) without loss of salary and benefits. Appellant then appealed the ruling to this Court. More
