National airline, Air Zimbabwe (AirZim), has been ordered to reinstate fired human resources manager, Oswald Madziwa, after an arbitrator ruled the latter was unfairly dismissed on allegations of failing to properly do his work concerning payments that were made to Navistar Insurance Brokers.
BY CHARLES LAITON
The arbitrator handed down the award on Wednesday last week.
Madziwa’s dismissal followed a disciplinary hearing conducted in January last year, over his alleged authorisation of the misappropriated $3 814 845 and €2 671 607 by the insurance company.
In his arbitral award, arbitrator Tineyi Zimbudzana said it was clear Madziwa conducted his duties as was contained in the finance manual and there was no evidence that was placed before him to prove to the contrary.
“The evidence submitted by claimant [Madziwa] was so persuasive when he said that [in particular reference to Navistar payment] his signature was to effect payment of already authorised transactions, particularly from the relevant department,” Zimbudzana said.
“In the case at hand, the company secretary and then the finance general manager would authorise first before handing over to the claimant to effect payment . . . he may have admitted to being negligent, but there is no evidence in doing so if he was following exactly as is expected of him in terms of the finance manual of the respondent (AirZim).”
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In his submissions, Madziwa’s lawyer, Donald Sibanda of Sibanda and Partners had argued that his client was a mere signatory, whose role was simply to sign payment vouchers already authorised by the company secretary and the general manager finance.
Sibanda went on to argue that his client’s co-signatory, Patience Tichagwa, who was facing similar allegations, was acquitted by the same disciplinary authority that had convicted his client.
“The disciplinary authority ought to have applied the parity principle by treating same accused persons alike,” he argued.
After listening to submissions by both parties, Zimbudzana made his determination and awarded: “In view of the above facts and arguments, I award the following: (i) The claimant was unfairly dismissed. (ii) The claimant should be reinstated from date of unfair dismissal without loss of salary and benefits and if reinstatement is no longer possible parties should agree on the damages in lieu of reinstatement. If parties fail to agree they should approach this tribunal for quantification of damages.”
The Insurance Premium scam also witnessed the arrest of AirZim bosses, former group chief executive officer, Peter Chikumba, AirZim Holdings manager and legal secretary, Grace Pfumbidzai on $10 million fraud. The two were convicted by the magistrates court, but their convictions were later quashed by the High Court.
