admininternal requisition of beer to a customer.
Paswell Pasipanodya allegedly acted in connivance with workmate Enock Mpansi and sold the internal requisition for 30 cases of beer to an outside customer, Mr Macvern Rusike of Mwaera Bottle Store.
The customer confirmed in his statement that on March 18, 2009 he approached the appellant and paid him for the beer. Mr Rusike also gave oral testimony to the same effect in Pasipanodya’s internal disciplinary hearing.
Pasipanodya admitted to receiving money from the customer. It was not part of his contractual duties to receive any money but only to process orders. It was also not in dispute that internal requisitions were incentives for workers and should only be used for that purpose.
They should not be sold to outside customers and Pasipanodya was fully aware of that. Delta submitted that on these facts, Pasipanodya’s conduct sufficed for a conviction on the charge of theft or fraud as per the company’s code of conduct and the penalty of dismissal was appropriate.
The witness stated that he approached the appellant whom he paid for beers and the documents used were referred to as “vouchers.”
Labour Court president Mr Godfrey Musariri said the facts of the matter were that the appellant was employed as a warehouse checker and not authorised to handle customer sales.
Mr Musariri said: “Contrary to his own evidence, appellant handled both the sale documents and the cash involved in the transaction.
“His conduct by his own admission assisted his colleague Mpansi to wrongfully sell beer to a customer using irregular means. Whether or not appellant got a cut (kickback) does not change the fact that he knowingly aided and abetted a fellow wrong doer, thus he was guilty of misconduct.”
Mr Musariri then dismissed Pasipanodya’s appeal and upheld the disciplinary committee’s decision to fire him.
Online Reporter