Zimbabwe Revenue Authority v Mujuru (363 of 2023) [2023] ZWLC 3 (11 December 2023)

Zimbabwe Revenue Authority v Mujuru (363 of 2023) [2023] ZWLC 3 (11 December 2023)

The instruction to explain bank schedules was unlawful as the schedules were obtained illegally and the policy could not be applied retrospectively. The tribunal's factual findings were not irrational and should not be interfered with. However, reinstatement without provision for damages in lieu is a misdirection.

Source-derived case information.

Citation
[2023] ZWLC 3
Parties
Appellant: Zimbabwe Revenue Authority; Respondent: Phillip Mujuru
Court
Labour Court
Jurisdiction
Zimbabwe
Judgment Date
11 December 2023
Case Number
363 of 2023
Procedural Posture
Labour Appeal / Judgment
Outcome
appeal partially succeeds
Legal Topics
Lawful Instructions, Employee Privacy, Retrospective Application of Policy, Reinstatement, Damages in Lieu of Reinstatement
Source Language
english
Labour Law Lawful Instructions Employee Privacy Retrospective Application of Policy Reinstatement Damages in Lieu of Reinstatement

Source-derived case record

Summary, issues, holding and outcome

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Parties

Zimbabwe Revenue Authority

Appellant

Phillip Mujuru

Respondent

Procedural Posture

Labour Appeal / Judgment

Legal Issues

  1. 1 Whether the instruction given by the employer was lawful
  2. 2 Whether the bank account schedules were obtained illegally
  3. 3 Whether reinstatement without provision for damages in lieu is proper

Ratio Decidendi

The instruction to explain bank schedules was unlawful as the schedules were obtained illegally and the policy could not be applied retrospectively. The tribunal's factual findings were not irrational and should not be interfered with. However, reinstatement without provision for damages in lieu is a misdirection.

Court Disposition

appeal partially succeeds

Orders

  • Appeal dismissed in respect of grounds 1 and 2.
  • Respondent to be reinstated without loss of salary or benefits from date of suspension.