CMED clerk reinstated

hearing on June 11, 2010 after he was caught with US$91 in unclaimed cash, which he had not receipted.
Mereka allegedly failed to reconcile cash and was found guilty.

He, however, lodged an appeal with the managing director who dismissed it and instead, confirmed his dismissal. Mereka then appealed to the Labour Court.
He submitted that the disciplinary committee erred in allowing conviction of the offence when there were no standing rules to that effect.
Mereka also submitted that the cash had been handed to a Ms Zvawanda for receipting since it was her duty.

He argued that a Mr Nedyire admitted that the cash was not missing, but was in the cash box.
Labour Court president Ms Bridget Chivizhe noted that Mr Nedyire knew of the unclaimed money in the cash box.
“Mr Nedyire emphasised that the money was always in the cash box. The difficulty with this case is that the employer has not pointed to a clear rule that Mereka breached by his conduct.

“The disciplinary committee ought not to have convicted Mereka on the charge in view of the fact that the cash was not missing, but was in the cash box.”
She highlighted that even if there was the possibility of a potential loss to CMED, the underlying problem was that the company had not laid specific procedures concerning unclaimed cash.

Ms Chivizhe said the most important requirement when an employer lays misconduct charge was to prove that the worker contravened a particular rule.
“Having come to the conclusion that CMED failed to establish the charge on a balance of probabilities, I’m satisfied that the conviction cannot stand,” said Ms Chivizhe.
She then allowed Mereka’s appeal and ordered his reinstatement without loss of salary and benefits with effect from the date of dismissal.