Old Mutual loses case against worker

paper.
Romeo Mandangu was on December 15, 2009 charged with deliberately giving untrue, erroneous or misleading information whether verbally or in writing. He was also accused of theft of Old Mutual’s property or theft of personal items of another member of staff.
However, through a letter dated January 4, 2010, he was cleared of the charges and reinstated on January 6.
Surprisingly, two weeks later he was charged again and it was alleged that on January 15, 2009, Mandangu was seen taking out a truckload of Old Mutual bond paper that was supposed to be replaced by better quality paper and was dismissed. Mandangu then sought recourse through the Labour Court arguing Old Mutual erred in that it dismissed him over a charge it had previously acquitted him of.
He further argued that the disciplinary authority adversely erred in convicting him yet the reconciliation regarding the bond paper in question stated clearly that it was accounted for.
Mandangu submitted that the disciplinary authority also misdirected itself in concluding that the bond paper in question was not delivered back yet there was a fully authentic copy from the supplier confirming the paper was delivered. Old Mutual on the other hand told the court that it had not failed to prove the misconduct against the appellant on a balance of probabilities.
It submitted that no evidence exonerating the appellant was placed before the disciplinary authority and denied that it selectively applied the law by not charging Mandangu’s superiors.
Labour Court president Ms Betty Chidziva noted that what was to be de-cided was whether Mandangu was char-ged twice for the same offence and the disciplinary committee was biased or not.
“All these charges are dealing with stationery. When initial charges were preferred and investigations carried out, why was this issue not brought up?
“Judicial proceedings should be brought to finality. When the respondent (Old Mutual) acquitted the appellant, they failed to establish any case against him.”