CABS agent’s appeal dismissed

belonging to her late relatives.
Thokozani Ndangana was found guilty following an audit of the Zimbabwe Uniformed Forces Mobile Banking Facility.
It was discovered that certain accounts belonging to M Ndangana, F Ndangana and S Ndagurwa were being used to access funds by some individuals and the transactions were carried out at Platinum Central Avenue Branch.
Following investigations, it was established that F Ndangana was deceased and her account was being used in breach of the building society’s regulations regarding accounts of deceased persons.
The audit also established that T Munjodzi, N Sedze and Licyworm Investments to which the appellant was a director made deposits into the same account. It was common cause the accounts belonged to Thokozani Ndangana’s deceased relatives.
She was consequently suspended with pay and benefits on November 24, 2005. The charge of dishonest and other related offences under Section 5 of the National Employment Council’s code of conduct was then levelled against her. The disciplinary hearing was initially scheduled for November 25 2008 but was postponed at the request of her lawyers to January 6, 2009.
The matter was finally heard on January 9, 2009 before the designated officer.
Consequently, CABS through a letter by Mr Peter Koen dated January 15, 2009 advised the appellant that she had been found guilty of the charge and a penalty of dismissal had been imposed. The appellant disputed that a hearing ever took place. She appealed initially to the Local Joint Committee and when it was dismissed, she appealed to the Negotiating Committee of the Council, which also dismissed the appeal and confirmed the conviction and penalty imposed.
Ndangana then lodged her appeal at the Labour Court arguing that the chief designated agent grossly erred at law when it misdirected itself in holding that she was afforded an opportunity to be heard, when she was not.
She further argued there was a total disregard to submissions that the decision to dismiss her was pre-mediated ignoring the fact that she did not commit the offence in question.
Labour Court president Ms Beatrice Chivizhe observed there was no doubt that there was indeed a hearing on 9 January 2009.
Ms Chivizhe said: “The record shows the legal practitioner even sought postponement on one occasion in order to obtain the relevant Code of Conduct.
“It is clear that the appellant was found in breach of the respondent regulations for using accounts of her deceased relatives to access cash.”
She then ruled that the Negotiating Committee thus properly upheld the conviction and dismissal penalty.