admin
dismissed.
Mr Vitalis Marufu was recruited by the company and then transferred from Harare to Bulawayo at the request of the Bulawayo area manager Mr Timothy Gomba.
Servcor claimed that while in Bulawayo, Mr Marufu failed to discharge his duties as a pastry cook.
Mr Gomba then transferred him to another company as a kitchen porter or cleaner.
When the respondent refused to do that work, he was transferred back to Harare.
Servcor then approached the Labour Officer seeking permission to dismiss Mr Marufu.
The parties appeared before a labour relations officer and then an arbitrator.
In both cases, Servcor was found to have failed to discharge the onus on it to prove that the respondent had failed to prepare pastries or refused to do any other duties. The matter was then referred to the Labour Court as an appeal against the arbitrator’s award.
Servcor led evidence from Mr Gomba, who said Mr Marufu had refused to do pastry indicating he could only use ready made dough.
He said Mr Marufu had refused to do other kitchen duties on the basis that he was a pastry cook.
Mr Marufu argued that he was a qualified pastry chef and was employed by Andria Foods in that capacity prior to joining Servcor.
He filed a case at the labour offices against Servcor on the basis of illegal demotion, non-payment of December wages and underpayment, which led to his transfer to Bulawayo as a way of frustrating him.
He denied that he had failed to do pastries.
Labour Court president Ms Beatrice Chivizhe said she was satisfied after hearing evidence from both sides that Servcor had failed to prove the charges against Mr Marufu. She ruled that since Mr Marufu was still on suspension, it followed that he should be reinstated without any loss of salary and benefits.
Online Reporter