Delta Beverages clerk fired for fraud

It was established that during the course of his duties, Sedze had on 33 occasions applied what was referred to as Code 144 system, which effected differences on the cash to be surrendered by two drivers, identified as Kabvundura and Zindinda.

In consequence the drivers surrendered less money than they should have which resulted in the company losing cash. Sedze was arraigned for a disciplinary hearing before his immediate supervisor and was found guilty of the charges.
He was consequently dismissed, but exercised his right by appealing to the Works Council.

That body, however, upheld the decision of the disciplinary committee. Aggrieved by the ruling, Sedze then sought recourse through the Labour Court.
His ground of appeal was unfair labour practice as he was not happy with the hearing.
Sedze also submitted that the minutes were wrong and falsified, while the dismissal was unfair.

He argued that both disciplinary and appeal proceedings were held out of time, and the matter should have been referred to a Labour Officer. Delta Beverages did not agree, contending that both proceedings were conducted within the stipulated time frame. Labour Court president Ms Bridget Chivizhe noted it was clear that Delta acting in breach of its own code, held both hearings out of time.
Ms Chivizhe said: “The appellant (Sedze) has, however, not placed before the court any evidence of prejudice suffered as a result of the delay.

“It is the court’s finding that the determinations handed down by both bodies were valid, though they were handed out of time.”
She also noted that none of the parties referred the matter to a Labour Officer, and therefore there was no irregularity.

Ms Chivizhe said that at the Works Council hearing Sedze was presented with an opportunity to proffer his defence, but failed.
“He was instead evasive referring to his defence contained in a report which he conveniently did not have with him in court.
“I am satisfied based on the facts in the record that Sedze was correctly found guilty of the charges,” she said.
Ms Chivizhe then dismissed Sed-ze’s appeal for lack of merit.