Phineas Ranji v Health Services Board

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO. LC/H/329/2014
HARARE, 29 MAY 2014 & 6 JUNE 2014
CASE NO. LC/H/329/2014
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IN THE LABOUR COURT OF ZIMBABWE      JUDGMENT NO. LC/H/329/2014

HARARE, 29 MAY 2014	& 6 JUNE 2014    		     CASE NO. LC/H/524/13

In the matter between:-

PHINEAS RANJI					-		Appellant

And

HEALTH SERVICES BOARD			-		Respondent

Before Honourable L.M. Murasi, Judge

Appellant			-	In person

For Respondent		-	Mr. C. Gutu (Legal Advisor)

MURASI J:

Appellant was employed by the Respondent as a Mortuary Assistant.  He is alleged to have received money and application forms from one Mrs. Mtandwa.  These forms were for Mrs. Mtandwa’s relative who wanted to secure a vacancy as a student nurse.  Appellant is alleged to have given the application forms and $200,00 to Mrs. Mokina for processing.  Matters came to a head when this vacancy did not materialize and Mrs. Mtandwa made a report to the police.  Appellant was brought before a Disciplinary Committee which recommended his dismissal.  Appellant appealed to the Health Services Board which confirmed his dismissal.  Appellant is dissatisfied and has appealed to this court.

Appellant’s main ground of appeal is that he was subsequently found not guilty by the criminal court and therefore the decision to dismiss him should be quashed.

Respondent submitted that the evidence that was given at the hearing, coupled with Appellant’s own admissions, would lead anyone to conclude that this was a corrupt practice.  Respondent further submitted that Appellant’s statement that he was going to return the money was fallacious given the circumstances of the case.

The Court notes from the record that Appellant relies on an extract from the Clerk of Court at Mbare Magistrates Court.  The extract reads:

“FRR(Further Remand Refused).  The State papers are not in order.  The essential elements highlighted on the charge sheet do not make up the charge of extortion.”

A reading of the extract clearly shows that Appellant was not acquitted.  The criminal court merely removed him from the remand system.  That ground of appeal therefore fails.  Even if Appellant had been acquitted at the criminal court, it would not automatically mean that the proceedings at the workplace would be nullified.  I say this for two reasons.  Firstly, it is clear that the standard of proof required by a criminal court and that required in civil proceedings are quite different.  Secondly, an acquittal in a criminal trial does not bar an employer from instituting disciplinary hearings against the employee.

An analysis of the evidence in the record shows that Appellant is the one who received the money and the application forms from Mrs. Mtandwa.  Appellant is the one who forwarded them to Mrs. Mokina.  The purpose was to facilitate Mrs. Mtandwa’s relative obtain a vacancy as a student nurse.  This is outside Appellant’s duties as a Mortuary Assistant.  These facts are admitted by the Appellant.   Was the Respondent wrong in dismissing the Appellant?  I think not. SANDURA JA had this to say in JAMES KANDONE vs SHADES OF BLACK COSMETICS (PVT) LTD SC 115/04:

“It must be borne in mind that by entering into a contract of employment the employee subjects himself to the employer’s control and should behave accordingly.  Any behaviour on the part of the employee which is wholly inconsistent with that relationship would render the continuation of that relationship untenable and would undoubtedly constitute a repudiation of the contract of employment.”

It is evident that Appellant’s conduct was inconsistent with the relationship between him and the employer.  It is a case in which a reasonable employer would be entitled to dismiss.

In the result the Court finds that there is no merit in the appeal and it is accordingly dismissed.

There is no order as to costs.