Sacked Hurungwe CEO reinstated
By Fidelis Munyoro
Hurungwe Rural District Council will have to go back to the drawing board after the Labour Court nullified the disciplinary action it had taken against its three top executives using a non-existent code of conduct and ordered a fresh hearing.
The court also ordered the reinstatement of the trio — chief executive Mr Joram Moyo, finance officer, Ms Karol Mutenga and Mr Jackson Mashinge — pending the fresh hearing.
They were fired following their conviction on charges of misconduct.
Labour Court Judge Justice Lawrence Murasi allowed the appeal by the trio, saying the local authority did not follow its code of conduct.
He found that the charges against the three, who were represented by their lawyer, Mr Joel Mambara of Mambara and Associates, emanated from “ministerial recommendations”, while the composition of the disciplinary panel was influenced by legal advice from outside sources.
“This clearly defeats the whole process and impact of collective bargaining agreements which are an arrangement between employer and employee on how to proceed when dealing with such matters,” ruled Justice Murasi.
Justice Murasi said Mr Moyo, Ms Mutenga and Mr Mashinge were not suspended in terms of the local authority’s code of conduct.
But the suspension was premised on the criminal charges they faced at Chinhoyi Magistrates Court. The charges themselves, Justice Murasi said, did not come from the code of conduct. He said the disciplinary authority, which was the main ground for review was not appointed in terms of the code of conduct.
“The disciplinary authority was, therefore, not clothed with any legality,” he said. “I, therefore, find that the first respondent (Mr Fidelis Matanhire who chaired the disciplinary authority) did not have the requisite jurisdiction to preside over the applicants’ misconduct proceedings.”
Justice Murasi remitted the matter back to the local authority to deal with it in terms of the law. The court also ordered the council to reinstate the three pending the fresh hearing without loss of salary and benefits.
The trio was suspended on the basis of criminal charges that had been filed against them.
They were arrested, prosecuted before they were acquitted of corruption charges. The Herald
