Reinstatement order issued

against Zhuwao arose after he used Brian’s password on the latter’s already logged in computer to generate documents for dispatch of goods.
After making the documents, Zhuwao informed his superior, Mr Nenzou, that he had made an error and asked him to reverse the process. However, Mr Nenzou did not reverse the process till three days later.

The goods were dispatched without payment, and security personnel at the gate recorded the exit of the goods.
Mr Nenzou admitted that he was told of the error of the document, but forgot to take appropriate action till three days later when the goods had already been dispatched.
Zhuwao was subjected to a disciplinary hearing where he was put to his defence, and the burden of proof placed on him to prove his innocence.

No evidence was led against him, while the hearing officer and human resources representative were the only two people who put questions to Zhuwao.
The hearing was adjourned in order to call a forklift driver to give evidence, but that evidence was never put on record.
Eventually, the chairman – and not the hearing committee – found Zhuwao guilty.

In his ground of appeal to the disciplinary sub-committee, Zhuwao was fairly clear that the offence of theft was not proved.
He admitted to printing the invoice in question, but said it was an error, which was immediately brought to the attention of the responsible person.
Zhuwao pointed out that the warehouse people should have given evidence of who they had given the goods to.

After his internal appeal failed, he then sought recourse through the Labour Court.
Labour Court president Mr Custom Kachambwa noted that the record of the first hearing was too shallow to tell what actually happened.

Mr Kachambwa said: “The record does not show how the decision was arrived at, and does not clearly deal with the theft and then the forgery (and uttering) in the light of the defence.

“Nenzou accepted that he was alerted but forgot to take remedial action. In those circumstances it is necessary to explain how Zhuwao is liable.”
Mr Kachambwa then ordered Natfoods to reinstate Zhuwao without loss of salary and benefits, or pay him damages for loss of employment.