Labour row rocks Zimdef

HARARE - A labour dispute has rocked the Zimbabwe Manpower Development Fund (Zimdef) after the parastatal defied a Supreme Court order to reinstate sacked employees with full salaries and benefits.

Last week, the Court instructed Zimdef to reinstate its four managers, Tendai Tamanikwa (chief levy inspector), Frank Tinarwo (administration and procurement), Emmerson Pamire (human resources) and Tendai Mombeshora (information technology) who were fired for misconduct in 2010.

“In view of the conclusion that the proceedings conducted by the respondent (Zimdef) were null and void, the inevitable result is that the dismissals are of no force and effect by operation of law. As a consequence, the appellants are entitled to an order of reinstatement to their former positions without loss of salary and benefits,” read part of the ruling.

However, in apparent disobedience of the Supreme Court decision, Nicholas Mapute, Zimdef acting chief executive wrote letters of reinstatement to the managers but instituted new charges of misconduct on the four.

“Please be advised that in compliance with the Supreme Court judgement SC 33/13 which was delivered on 16 July 2013, you are hereby reinstated to your former position as ordered,” said Mapute in one of the letter in possession of the businessdaily.

“However, kindly note that the effective date of reinstatement is 16 July 2013 and the Supreme Court did not state that you are entitled to salaries and benefits with effect from the date of dismissal which effectively means that your reinstatement is not with retrospective effect. Consequently, no back pay salaries and benefits are payable to you,” said Mapute.

Soon after reinstating the managers Mapute informed them of their suspension from duty without pay and benefits.

He argued that Zimdef reserves the right to institute disciplinary proceedings for the same charges or different charges since the Supreme Court decision was based on procedural grounds and not merits of the case.

Comments (3)

Yes its all about impunity. Its a governance issue. Only a change of government can correct that A. The task man for MoHET of the incumbent Human Resources Manager of ZIMDEF who upon retirement from MoHET at 65yr was given a new lease of life at ZIMDEF. One of the appellants in the case is meant to re-occupy the same HR Manager post. B. So naturally it becomes a battle of the titans... a matter of survival for the 65yr old (now 67yr) ... I bet he must have broken a leg in his rush to MoHET for consultation. C. What is sadly corrupt in this whole see-saw is that when the four appellants were dismissed for the alleged misconduct in 2010, the same 65yr ( now 67) was one of the presiding disciplinary members in the botched hearings... and did not recluse himself as an interested party since he had already been promised the ZIMDEF post as a token of appreciation for the many scalps he had claimed ( firing of lecturers in colleges, forced transfers of staff.... and anything .... the hitman kind of assignments.... and of course the "loyalty" and selling out) on behalf of His Majesty the Chief Executive Officer of MoHET Pvt Ltd... ( Ministry run like a personal business) D. There is this culture of impunity in the company ( MoHET Pvt Ltd)..that draws it legitimacy from "connections in high offices"..... And as people see one defiance of court ruling after another, they start believing that there is indeed a 'higher connection"

insider from out - 29 July 2013

ZIMDEF is run from the Ministry of Higher and Tertiary Education...... The buck stops at the door of the Head of Ministry (CEO of MoHET Pvt Ltd) No one at ZIMDEF makes decisions. Not even the ZIMDEF CEO who was on leave at the time... Probably the leave was "conveniently" taken after getting wind of the impending Supreme Court ruling.... Not that he would have made any difference. The whole MoHET is just like that. Its sickening to say the least...... And the corruption that goes with it is alarming.... ZiMDEF has become a personal purse... It is also the short gun that silences any disernning voices... You get paid to shut up or someone gets paid to shut you up And you get so many stressed souls. Mombashora,Mapute, Tinarwo, Pamire, Mandizvidza, ... God will answer their prayers. Watch!!!!!!

insider from out - 29 July 2013

Its about corruption. There is massive looting at ZIMDEF by the MoHET. There is blcckmail of the ZIMDEF management by MoHET looters. Occassionally MoHET bribes the ZIMDEF management..... It is in the interest of the MoHET to maintain the status quo at ZIMDEF.... So these four who have to be reinstated will upset the apple cut. They will also render Kajengo jobless... and then MoHET will be without a "hitman"..... S Again the buck stops at the 6th Floor of F Block at New Govt Office Complex... Otherwise we are wasting time... Lets deal with the "fish's head"... That were the rot starts

scene of crime - 1 August 2013

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