THE Labour Court has dismissed an appeal by the Zimbabwe Red Cross Society in a case where the humanitarian organisation was challenging an arbitral award directing it to reinstate and pay $109 423 in labour damages to its former human resources manager, Netsai Nyazema, who was unlawfully fired in 2013.
BY ALOIS VINGA
According to court records, Chizema was the society’s human resources manager until September 2011 when she was advised in writing that she was now the director of nursing services with effect from October 1, 2012.
However, her employment grade and salary remained unchanged. Towards the end of September 2012, Nyazema requested details pertaining to the new post to enable her to respond to the new offer. The employer did not avail the details and instead requested Nyazema to present a handover-takeover report which she declined to do.
The society then proceeded to furnish Nyazema with a letter outlining part of her new duties. Aggrieved by the unilateral decision, Nyazema presented her grievance to the disciplinary grievance and management committee, but the management cancelled the hearing arguing that the matter be dealt with by the courts since she had already approached the Labour Court.
Nyazema was subsequently suspended with benefits pending the Labour Court decision. In response, Nyazema then withdrew her application from the Labour Court before the society charged her with wilful disobedience of a lawful order and absence from work for five or more consecutive working days without prior permission, and dismissed her from work.
This prompted Nyazema to approach the Labour Court challenging the unfair dismissal. Her lawyer Albert Chambati argued that her client was justified in turning down the new appointment because the decision was unilateral.
Chambati stressed that the employee was not consulted in that process and therefore the new appointment amounted to demotion and downgrading of both status and dignity and a violation of the Labour Act (28:01), section 2A.
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In passing the verdict on Nyazema’s case in 2014, a Labour Court judge identified as Muchawa ordered the Zimbabwe Red Cross to immediately reinstate Nyazema without loss of benefits and salary.
Dissatisfied with the ruling, the Zimbabwe Red Cross Society filed an application for leave to appeal the verdict, but the matter was dismissed.
In 2014, the society lost two vehicles after they were attached and sold to pay off Nyazema’s salary arrears which had accrued during her suspension from work.
