Judgment No. SC 9 /18 Civil Appeal No. SC 445/15 purchases. This was a measure implemented by the employer at the height of bread shortages to avoid employees supplying the “black market” with bread, thereby prejudicing the formal market. The appellant was also charged for allegedly cashing 50 personal cheques with a total value of US$254 015.00 and generally failing to diligently execute his duties. The disciplinary committee before which the appellant appeared decided that the penalty for the bulk purchases was dismissal, and proceeded to impose it on the appellant. In relation to the charge of encashment of cheques the appellant was acquitted and a final written warning was imposed for failure to discharge his duties diligently. Therefore, the effective penalty imposed by the disciplinary committee was dismissal. We were satisfied on a reading of the papers before us that no misdirection could be attributed to the disciplinary committee in reaching the decisions it did. Having unsuccessfully gone through the relevant appeals processes both internally and before the Labour Court, the appellant filed this appeal. The appeal was initially set down for hearing on 13 June 2017 following proper service of the notice of hearing on him on 8 May 2017. The service was effected at No. 2208 Manyuchi Road, New Malborough on the appellant’s daughter, Samantha V. Mbangani. However, the matter could not be heard on the set down date. The matter was then set down for hearing on 17 July 2017. The notice of hearing was again served at the same address, this time on Winnet Maniko, who identified herself as a tenant at the address. This was on 23 June 2017. On the date of hearing, the appellant was in default and after having sight of the Sheriff’s return of service dated 23 June 2017 the court found that service of the notice of hearing had been properly effected. The address at which service was effected was the appellant’s given address for service in terms of the record and no notice of 2

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