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
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