Reinstate registry clerk, court orders PSC

then Ministry of Transport and Communications who was dismissed for allegedly abusing sick leave.
Ms Otilia Mangwaira fell ill in February 2008 and was granted sick leave from the 2nd to the 13th of that month.
When she did not recover, she went on leave from February 18 to 29.
Ms Mangwaira again fell ill in September and was on leave up to December 31, 2008.
She failed to report for work due to ill health and on February 16 2009, the Secretary for Transport and Communications wrote to Ms Mangwaira discharging her from employment.
She appealed to the PSC, which confirmed the discharge on June 28, 2010.
She then appealed to the Labour Court arguing that the PSC erred in discharging her when it was clear that she had not absconded.
Ms Mangwaira argued that the PSC should have conducted a hearing before discharging her.
Labour Court president Ms Loice Matanda-Moyo observed that the PSC dismissed the appellant in terms of Section 63(e) of the Public Service Regulations (SI 1/2000).
Such regulations permit the head of ministry or the respondent to dismiss an employee who has been absent from duty without excuse for a continuous period in excess of 30 working days.
Ms Matanda-Moyo said: “In the present case, the appellant left employment to go on sick leave and had authority to do so. She was supposed to return to work on January 1st 2009 and failed to do so, but respondent was aware of appellant’s nature of illness.
“A reasonable employer would have followed up on the employee to ascertain the employee’s condition before taking an appropriate action.”
She said the PSC should have policies to protect people who suffer from particular illnesses, and in this case the respondent was insensitive.
Ms Matanda-Moyo said Ms Mangwaira should be reinstated to her former position without loss of salary or benefits.