adminvitae, in which she indicated she was working towards attaining the chartered accountancy qualification, failed the Certificate in Theory Accounting several times.
That disqualified her from registering as a public auditor, a very crucial qualification for the chief internal auditor’s post in the banking sector.
The disciplinary board found her guilty of lacking the requisite skills for the job.
The post required a chartered accountant, but Mrs Musiyiwa was employed on the basis that she was just about to sit for the examinations.
A disciplinary hearing chaired by an independent lawyer. Mr Vote Muza of Muza and Nyapadi law firm, also found her guilty of leaking confidential information to third parties.
According to court papers, she leaked to the Reserve Bank of Zimbabwe a letter addressed to the chief executive officer of Metropolitan Bank, an act that the disciplinary committee ruled to be inconsistent with the chief internal auditor’s position.
“The employer granted the employee the indulgence to work towards achieving the CTA qualification so that she would become the required competent individual, but she failed.
“She repeatedly failed the CTA exam on four occasions, thereby disqualifying her from her registration as a public auditor, one of the key requirements of the Banking Act.
“I am satisfied that disclosing sensitive company information in the manner the employee did, constituted a serious act of misconduct.
“I am also satisfied that in failing to meet the minimum basic skills required for a chief internal auditor as per the Banking Act, the employee committed a serious misconduct.
“A banking environment is a very sensitive one that calls for the very highest standard of skill, given that the person deals with depositor funds.
“I have no option other than to order that the employee be dismissed from her employment,” ruled Mr Muza.
Mrs Musiyiwa was also riled by a decision by her employer to reassign her as a senior branch manager, a move she resisted by way of a letter copied to the RBZ.
An internal job evaluation by the bank revealed that Mrs Musiyiwa “lacked experience and maturity” and the board decided to transfer her to another post on which she
could gain the banking experience.
During mitigation, Mrs Musiyiwa, through her lawyer Mr Rodgers Matsikidze, contented that the offences were committed out of ignorance of the law.
Mr Matsikidze submitted that Mrs Musiyiwa strongly believed that in reporting an unfair labour practice to a regulator in the form of the RBZ was the proper thing to do.
On the case of failing the CTA exams, Mr Matsikidze submitted that his client had not been directly informed when she was employed that she would require the CTA qualification.
She actually prayed for a verbal warning and reinstatement.
Contesting the transfer, Mrs Musiyiwa filed an urgent chamber application that was dismissed by the Labour Court on January 30 this year.
She was seeking an interdict barring Metropolitan Bank from transferring her.
Labour Court president Mr B. Chivizhe threw out the chamber application on the basis that the Labour Court had no jurisdiction to grant interdicts.
Online Reporter