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The High Court held that the applicant was dismissed unlawfully, found the employer had not proved the misconduct, and awarded salary-based compensation.
Ngabo's conduct—searching a vehicle while drunk and unauthorized use of an official vehicle—constituted gross misconduct under the law and RRA's Code of Conduct. The employer's decision to suspend and investigate before dismissal did not negate the grossness of the misconduct. The dismissal was lawful and justified. RRA was not entitled to damages for abuse of procedure but was awarded partial damages for losses incurred.
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