NetOne 'boss' seeks to stop recruitment

HARARE - A human resources executive at NetOne, whose contract was terminated a few months ago, has dragged his employer to court seeking to bar the mobile cellular operator from recruiting someone to fill his position.

In the application, Kudakwashe Nyashanu is arguing in the High Court that NetOne should not fill his position pending the outcome of a court case in which he is challenging his expulsion.

Nyashanu told the court that he entered into a fixed term contract with NetOne in October 2015, which was to expire on September 30, this year.

In terms of the contract, NetOne was mandated to advise him in writing on its intention to renew the contract or otherwise by not later than three months before the date of expiry.

Nyashanu further said that in July this year, NetOne advised him of the renewal of the contract of employment through its chief executive officer, which was, however, nullified a month later.

“On the 22nd of August 2018, I received a letter from respondent to the effect that the renewal was invalid on account of the chief executive officer not having consulted the board. Through my legal practitioners, I addressed various letters pointing out the unlawfulness of the respondent’s purported withdrawal of the renewal of my contract.

“This is an urgent application seeking an interdict against the respondent (NetOne), specifically seeking respondent to stop from proceeding to recruit and employ someone as its executive human resources pending the determination of my application under case number HC 8478/18,” he said.

He said the current application was filed after NetOne advertised his job as vacant and called upon interested applicants to respond.

“The advert was brought to my attention on 18 September 2018, hence this application.

“On 20th September 2018, my legal practitioners received a letter from respondent’s legal practitioners which letter is to the effect that my employment contract was not renewed and that after 30th September I will effectively cease to be employed by the respondent.

“If the respondent was to be allowed to proceed with the recruitment and employ someone in my position, I will suffer irreparable damage, which will not be capable of reversal in that I will have virtually lost my employment.

“It is therefore just and equitable that the honourable court should grant an interdict which will allow the status quo to prevail until the validity of my employment status is finalised,” he said.

He said he has a right which should be protected based on his renewed contract of employment, adding that the previous contract is also still to expire on September 30.

“The actions of the respondent can only be checked by an interdict and no other remedy can address this ill.

“This is demonstrated by the fact that the respondent’s letter received on 20th September 2018 puts beyond doubt that respondent no longer considers me as an employee,” he said.

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