Samson v Windmill (Pvt) Ltd (Criminal Appeal 391 of 2012; SC 7 of 2015) [2015] ZWSC 7 (25 February 2015)

Samson v Windmill (Pvt) Ltd (Criminal Appeal 391 of 2012; SC 7 of 2015) [2015] ZWSC 7 (25 February 2015)

The appellant's authorisation enabled the removal of green bags not covered by the gate pass, and the finding that he aided theft was consistent with the evidence. However, the conviction for conduct inconsistent with the contract of employment was not supported by evidence and was set aside.

Citation
[2015] ZWSC 7
Parties
Appellant: Christopher Samson; Respondent: Windmill (Private) Limited
Court
Supreme Court of Zimbabwe
Jurisdiction
Zimbabwe
Judgment Date
25 February 2015
Case Number
Criminal Appeal 391 of 2012 ; SC 7 of 2015
Procedural Posture
Criminal Appeal / Supreme Court Judgment
Outcome
Appeal partially allowed
Legal Topics
Aiding Theft, Misconduct in Employment, Appellate Review of Facts, Disciplinary Proceedings
Source Language
English
Employment Law Criminal Law Aiding Theft Misconduct in Employment Appellate Review of Facts Disciplinary Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Christopher Samson

Appellant

Windmill (Private) Limited

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the appellant aided the theft of green bags from the respondent's premises
  2. 2 Whether the conviction for conduct inconsistent with the contract of employment was proper

Ratio Decidendi

The appellant's authorisation enabled the removal of green bags not covered by the gate pass, and the finding that he aided theft was consistent with the evidence. However, the conviction for conduct inconsistent with the contract of employment was not supported by evidence and was set aside.

Court Disposition

Appeal partially allowed

Orders

  • Conviction for conduct inconsistent with the contract of employment set aside
  • Appeal otherwise dismissed with costs