The Zimbabwe Open University stands to fork out $602 284,75 as compensation to former acting finance director, Perpetual Ndekwere who was unfairly dismissed in 2013.
BY ALOIS VINGA
The order was recently made by an arbitrator only referred to as Mukonya after Ndekwere took the matter for arbitration citing unfair labour practices, arguing that she had a legitimate expectation that her contract would be renewed.
Facts of the matter were that Ndekwere was employed as a contract worker and when her three-year contract expired in June 2012, she was appointed acting finance director and held the position until June 2013. She was, however, accused of fraud and dismissed.
The arbitrator initially ruled that she be reinstated without loss of benefits with effect from her date of dismissal. Mukonya then ordered the institution to pay her compensation after Zou declined to reinstate her.
Ndekwere’s lawyer Alec Chambati argued that his client was entitled to the package. He said Ndekwere was now 52 years old and had been Zou’s finance director for 10 years and prospects of getting a similar job were diminishing. He noted that at the time of her dismissal the university’s council had recommended her appointment as substantive director. Chambati further argued that Ndekwere had also lost a job with Zimbabwe Institute of Public Administration after Zou gave bad reference about her.
However, in mitigation ZOU disputed that the employee had legitimate expectation arising from the council’s recommendations. The institution argued that the recommendations had not yet been approved by the Higher Education minister. Zou said Ndekwere’s expectation of employment was unreasonable because of the fraud allegations levelled against her. Meanwhile, no concrete evidence have been brought by the institution to prove the fraud claims against Ndewere. In January this year the institution paid her $37 608,75 in terminal benefits.
The employee was being represented by Chambati, Mataka and Makonese Legal Practitioners while the Zou was being represented by Dube and Hwacha Legal Practitioners.
