dyton mupawaenda
Yeukai Karengezeka
Court Correspondent
The Supreme Court has upheld a Labour Court ruling nullifying the dismissal of a Traditional Medical Practitioners Council (TMPC) boss, citing procedural irregularities in the handling of her disciplinary hearing.
Joice Guhwa, the Council’s chief executive since 2011, was suspended without pay in February 2022 over allegations of gross incompetence, inefficiency, and failure to maintain proper financial records.
The TMPC disciplinary tribunal found Guhwa guilty of misconduct and dismissed her from employment.
However, Guhwa challenged the decision, and the Labour Court ruled that the disciplinary proceedings were invalid due to the employer’s failure to meet the mandatory 14-day timeframe set out in the Labour National Employment Code of Conduct (SI 15/2006).
The Labour Court reinstated Guhwa to her position without loss of salary or benefits.
TMPC then appealed the Labour Court’s decision at the Supreme Court, arguing that the delay had been caused by Guhwa’s alleged lack of cooperation with auditors.
However, the Supreme Court, in a judgment delivered by Justice Felistus Chatukuta, dismissed the appeal with costs, ruling that the disciplinary process was a nullity due to non-compliance with the timeframes prescribed by the law.
Justice Chatukuta ruled that Section 6(2) of the Labour Code requires investigations and disciplinary hearings to be completed within 14 working days of a suspension.
“Upon the lapse of the 14 days, the disciplinary authority ceases to have jurisdiction to determine the matter,” Justice Chatukuta stated.
Mr Moses Kavhumbura and Ms Charmaine Mafeni represented Guhwa.
Online Reporter