Disabled worker successfully challenges transfer

General’s Office at Makombe Building.
In November 2007, Mr Samu was served with a letter of transfer to Beatrice.
The January Mr Samu wrote a letter to the human resources director explaining that he had not moved to Beatrice owing to accommodation problems. When Samu failed to report to Beatrice, the Secretary for Home Affairs caused him to be removed from the payroll.
He challenged the Public Service Commission over the unprocedural transfer and the cessation of his salary.
The PSC through a letter dated April 20, 2009 advised the Home Affairs Secretary to comply with the Public Service Regulations when effecting transfers.
The Home Affairs Secretary then wrote to the PSC requesting reinstatement of Samu on the pay sheet from the day he was struck off.
The request was granted through a memo by PSC dated October 6, 2010.
In the same memo, it was written: “The Commission further directs that the period (1 March 2009 to date) the member was away from duty be treated as leave without pay.
“Disciplinary proceedings should be instituted against Mr Samu for continued absence from duty and receiving salary between December 1, 2007 and February 28, 2009 without rendering service.”
It is against the above decision of the PSC that Mr Samu applied for reinstatement without loss of salary or benefits at the Labour Court.
He submitted that his transfer was unlawful, as he was never advised of such a transfer in time.
Labour Court president Ms Loice Matanda-Moyo noted that the PSC agreed that the transfer was not in accordance with regulations.
The regulations stipulated that a member should be informed of the transfer and given adequate notice to minimise discomfort on the part of the worker and his family.
Ms Matanda-Moyo said: “Mr Samu is a disabled person whose family was based in Harare and he relied on his wife on most chores.
“Since he was transferred to Beatrice without accommodation, he could not take his family there.”
She was convinced that such transfer should have been done to offices around Harare and not to Beatrice.
Ms Matanda-Moyo then set aside the decision to transfer Mr Samu to Beatrice and ordered his reinstatement to his former position without loss of salary or benefits.