position with a woman in the guardroom while he was supposed to be on night duty.
Biggie Pasira was employed by the Chegutu Municipality and was fired for conduct unbecoming of an employee on duty.
He appeared before a disciplinary committee and was found guilty, resulting in him appealing to the executive manager – who upheld the dismissal.
Pasira then appealed to the Labour Court arguing that there was no evidence linking him to the offence in question.
He further argued that the municipality erred in meting the penalty of dismissal without affording him the chance of rehabilitation, pointing out that a corrective punishment was in order.
Evidence that was brought before the court was that the chamber secretary, chief security officer and human resources officer went to the council workshop to check on the municipal police on an unstated date.
They arrived around midnight and found the gate locked while the guardroom door was closed.
The chamber secretary honked his car horn and Pasira eventually came out of the guardroom while “improperly” dressed and without shoes on.
The secretary went inside the guardroom and found a woman lying on the floor and covered by a blanket.
The council officials ordered her out of the premises and she went away.
During the disciplinary hearing, Pasira admitted there had been a woman sleeping with him in the guardroom when the council officials paid him the surprise visit.
Labour Court president Ms Loice Matanda-Moyo said the evidence brought before the court was unchallenged.
Ms Matanda-Moyo said: “The only reasonable inference that can be drawn from such facts is that appellant was sleeping with the woman.
“I find no fault in the reasoning of the disciplinary committee, because sleeping with a woman on duty is a serious offence warranting dismissal even for first offenders.”
She ruled that the penalty of dismissal was appropriate in the circumstances and dismissed Pasira’s appeal for lack of merit.
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