Labour Court upholds dismissal

vehicle and using a stolen fuel coupon.
Jassel Jasire Nyemba had an official vehicle allocated to him, but used another vehicle without authority.
On April 26 2010, a disciplinary committee convicted him of misconduct and dismissed him.
Nyemba challenged his dismissal and noted an appeal with the Labour Court.
He argued that he had to use the other vehicle, which was not allocated to him because his official vehicle had broken down. Although he was aware of the need to seek authority, he argued that it was not practical to do so because such authority had to be sought from the headquarters in Harare, while he was in Chinhoyi.
Nyemba argued that he was using the vehicle to further CMED business.
As regards allegations that he had used a stolen fuel coupon, Nyemba argued that he was in Harare attending a seminar when it was alleged that he used the coupon in Chinhoyi.
He also argued that the testimony that was accepted against him ought not to have been accepted.
It was also submitted that the charges were not clear and CMED wanted to ambush him.
CMED, on the other hand, insisted that there was no bias on the part of the disciplinary committee.
The company also argued that Nyemba had been given an opportunity to bring a representative from among his fellow workers but no one was willing to represent him.
It was denied that the decision to fire him was pre-mediated, but based on evidence while he was given an opportunity to submit mitigating factors. CMED submitted that evidence of the fuel attendant also corroborated that it was Nyemba who had used the stolen fuel coupon.
As regards the charge that he used a commercial vehicle without authority instead of his official vehicle, CMED argued that he had no authority to use the vehicle.
Labour Court president Ms Loice Hove observed that this was not denied and he was thus appropriately found guilty.
Ms Hove said: “The appellant failed to follow procedures when he allocated himself the vehicle without authority.
“After the hearing, the appellant was asked if he had any submissions to make and he failed to state any mitigatory facts he may have wished to advance.”
Having found that the allegations against Nyemba were proved, Ms Hove dismissed the appeal.