Kingstons manager suspended for cellphone misuse

Rosario Zhemi was the manager at Kingstons George Silundika branch when it was closed on February 28, 2010.
Kingstons directed that all company-supplied cellphones were to be surrendered, but Zhemi did not handover the one he was using.
This resulted in him accruing a bill of US$294 and as a result, he was charged with failure to comply with standing instructions.
Zhemi was also charged with willful disobedience to a lawful order given by the employer.
He appeared before a disciplinary hearing and he together with the management workers representative walked out in protest.
The hearing proceeded in his absence and Zhemi was found guilty leading to his dismissal.
He appealed to the CEO, who upheld the findings of the disciplinary committee.
Aggrieved by the ruling, Zhemi then appealed to the Labour Court arguing that the disciplinary committee was improperly constituted.
He further argued that there was improper splitting of charges, while he was denied representation of his own choice.
Zhemi also submitted that he did not commit the offence in question.
Labour Court president Ms Loice Matannda-Moyo found that the disciplinary committee was properly constituted before two members of the workers’ committee walked out.
Said Ms Matanda-Moyo: “When the two walked out, the committee became improperly constituted as there was no quorum. The committee should have adjourned until other two members could be appointed.”
She pointed out that once the committee was improperly constituted, it followed that any decision emanating from became invalid.
Ms Matanda-Moyo said that, however, she was not going to order payment of salaries and benefits to Zhemi.
She then set aside the decision by Kingstons to dismiss Zhemi and ordered his reinstatement but remaining on suspension without pay.
Kingstons was ordered to hold a fresh hearing before a properly constituted disciplinary committee within 30 days of the order.