adminwithout authority.
Justine Tadzembwa, who was based at Chada Primary School in Mashonaland West, was granted leave from January 1 to April 30, 2009 and was expected to resume duty on May 1, 2009.
Tadzembwa went to South Africa and did not report for duty at the end of the leave period.
He only reported for duty on July 13, 2009 after 73 days.
Tadzembwa admitted to being absent and was accordingly found guilty and dismissed.
He appealed to the Labour Court arguing that his employer failed to take into account that he was a first offender who had served eight years without being arraigned before a disciplinary hearing.
Tadzembwa argued he had not deliberately absconded from work and that the employer failed to take into cognisance an amnesty, which other civil servants benefited from.
He re-applied and had been reinstated into the civil service and worked for several months without pay.
Tadzembwa said when he reported for duty the headmaster reprimanded him but did not allow him to resume his duties.
The school head however, reported the case to the district education offices where the District Education Officer fired him.
Tadzembwa was, however, advised to fill in the reappointment forms since his salary had been stopped.
Labour Court president Ms Lilian Hove said the fact that appellant’s finger prints were admitted to have been at the district offices proved his testimony.
Ms Hove said: “The employer failed to show that appellant’s allegations were not true.
“The court accepts appellant’s narration of events representing the truth of what happened.”
She then ordered the Ministry of Education to reinstate Tadzembwa with effect from the date of the judgment.
Online Reporter