Wise Owl Motel ordered to reinstate worker

Chagumachii was employed as a senior bedroom hand at Wise Owl Motel in Mutare when he was fired on charges of misconduct.
The first hearing was based on a repealed statute, which prompted the management to nullify the proceedings and reinstate Mr Chagumachii.
A second hearing was later convened in terms of the appropriate statute and he was subsequently fired.
Mr Chagumachii took his case to an arbitrator, who ordered his reinstatement or payment of damages for loss of employment.
Aggrieved by the ruling, Wise Owl Motel appealed to the Labour Court arguing the arbitrator erred in holding that the company cited the wrong law.
It argued that it was clear from the minutes of the hearing that Mr Chagumachii was disciplined in terms of Statutory Instrument 15 of 2006.
It further argued that the arbitrator failed to appreciate that Mr Chagumachii admitted the theft and even paid an admission of guilt fine at the police station.
Labour Court president Mr Godfrey Musariri noted that a gross irregularity occurred at the second hearing.
Mr Musariri said: “Wise Owl Motel reconstituted the same panel that conducted the first hearing.
“At the first hearing, they heard the matter and found Mr Chagumachii guilty and proceeded to dismiss him.”
He questioned whether the same panel could be expected to re-hear the matter with an unbiased and open mind.
Mr Musariri said it is a human tendency to stick to a decision once made and defend it at all costs.
“I therefore find that the rule of natural justice which requires an unbiased adjudicator was violated in this case,” said Mr Musariri.
As a result, he found no justification for setting aside the arbitration award, and dismissed Wise Owl Motel’s appeal with costs.