The Supreme Court has ordered former Zimbabwe Allied Banking Group (ZABG) now trading as Allied Bank Zimbabwe to reinstate its head of compliance section Stella Nhari after setting aside the bank’s decision to terminate her contract.
BY CHARLES LAITON,SENIOR COURT REPORTER
Nhari was dismissed from employment in 2008 over allegations of “conduct or omission inconsistent with fulfilment of the express or implied conditions of a contract and wilful disobedience to a lawful order given by the employer”.
Nhari’s fallout with the bank’s bosses came about when former ZABG chief executive officer (CEO) advised senior management of the change in reporting structure. The move did not go down well with Nhari who continued using the old reporting structure after being asked to report to another manager.
Nhari’s alleged continued insubordination resulted in her suspension and subsequent dismissal, leading to a protracted court battle which resulted in the Labour Court ordering her re-instatement. But the bank challenged the court’s verdict.
In a judgment delivered last week, Supreme Court judge of appeal Justice Paddington Garwe said: “It is clear that a suspension must be based on a belief that misconduct as defined has been committed. An employer must have good cause for such belief (and) only then may the employer consider suspending the employee.”
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“It follows from what I have stated above that where the suspension is set aside and re-instatement ordered, any verdict or penalty imposed pursuant to any allegation made as part of the reason for suspension must fall away.
“In the circumstances, I am satisfied that the findings of the disciplinary committee and the penalty of dismissal that was imposed cannot stand.” Justice Garwe’s judgment was concurred with by Chief Justice Godfrey Chidyausiku and former judge of appeal Justice Yunus Omerjee.