Former Bulilima RDC auditor loses arbitration appeal over dismissal

FORMER Bulilima Rural District Council (RDC) internal auditor Mr Israel Moyo has lost an appeal against his dismissal bringing closure to a matter that has dragged for over a year.

Mr Moyo was dismissed in June last year following a disciplinary hearing which found him guilty of several charges, including fraud, wilful disobedience and misconduct. The disciplinary committee’s recommendation to dismiss him was subsequently adopted by a full council meeting held on June 27, last year.

Following his dismissal, Mr Moyo escalated the matter to the Ministry of Public Service, Labour and Social Welfare seeking arbitration.

The case was heard by an arbitrator identified as Mr T. Chisveto, who issued his ruling, also dated June 27, upholding the council’s decision.

During the arbitration process, Mr Moyo was represented by Mr Tendai Bonde of the Zimbabwe Congress of Trade Unions (ZCTU).

The disciplinary committee had found Mr Moyo guilty of unlawfully discounting a debt owed by a local businessman, Mr Khumalo, reducing it from R132 000 to R48 000 without council authority. He was also found guilty of disregarding established procedures in the allocation of commercial stands.

Mr Moyo had previously received a final warning after being found guilty of fraud involving misrepresentation to his employer regarding an IPSAS programme, from which he had personally benefited.

In his ruling, the arbitrator noted that due process had been followed and dismissed Mr Moyo’s appeal.

“This arbitration tribunal is persuaded to conclude that the claimant was fairly dismissed since the peremptory provisions of the regulations on the subject were observed.

In the final analysis…

Wherefore, after reading documents filed of record and submissions of both parties, it is ordered that the issue of unfair dismissal, being devoid of merit, is hereby dismissed,” ruled the arbitrator.

Bulilima RDC held a full council meeting on Thursday, during which members formally adopted the arbitration outcome, paving the way for the recruitment of a new internal auditor.

Bulilima RDC chairperson, Mr Lands Ndebele, confirmed the development.

“Council received a report about the award from the arbitration process against our former internal auditor and adopted it.

The award dismissed his claim that he was unfairly dismissed by the council.
What this means is that he has ceased to be our employee, although he still has room to challenge the award if he so wishes,” he said.

@themkhust