adminA former Bulawayo City Council employee who was, a few weeks ago, fired under controversial circumstances has challenged his dismissal at the Labour Court and the local authority’s General Purposes Committee.
Engineer David Jana, who was employed by the local authority as a senior engineer was fired for, among other issues, leaking council confidential information to the media without council authority.
However, the hearing was marred in controversy as it was composed of junior council employees to hear the senior engineer’s case, where one of the counts involved highly technical terms.
The disciplinary board comprised chief fire officer Mr Richard Peterson; Mr Victor Dube, a parks officer and Mr Ishmael Dube, an officer in the council’s health services department.
As per council procedures, a fired employee can seek recourse by challenging his dismissal at both the Labour Court and the council’s General Purposes Committee, which sits as an appeals committee. The General Purposes Committee is made up of council committee chairpersons, mayor Councillor Martin Moyo and deputy mayor Clr Gift Banda.
In Eng Jana’s opposition papers, filed on his behalf by Mathonsi Ncube Law Chambers, he argues that there was gross irregularity in the proceedings as he was initially denied access to his office and computer files for documentary evidence and electronic files relating to the charges and allegations.
“The board comprised individuals who were not conversant or inclined in the field of civil engineering design and as thus could not have come to a fair decision as they all had little understanding of the principles and philosophy of design. They had no idea of civil engineering ethics and practice. The hearing was irregular as no witnesses were called for the hearing and evidence was irregularly produced and no one was called to corroborate hearsay evidence.
The board was compromised, it continually left the hearing room and took instructions over the phone from third parties,” reads part of the appeal.
It is further alleged that one of the hearing members, Mr Peterson, left the hearing before it was finalised.
Eng Jana further alleges that the charge sheet was defective and the initial suspension invalid in terms of the council’s code of conduct.
In his appeal, it further emerged that, Eng Jana had on 20 April and 24 August written to the provincial labour officer, a Mr G Madziyanike seeking his intervention alleging that his superiors had embarked on a retribution exercise against him which had seen the work environment becoming intolerable.
According to Eng Jana’s charge sheet, he was charged with three counts of which he was found guilty of two of the counts.
Online Reporter