Pia Ngwaru v First Mutual Health Company (Pvt) Ltd

### Preamble
JUDGMENT NO. LC/H/805/2016
HARARE 28 OCTOBER 2016
CASE NO. LC/H/294/16
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IN THE LABOUR COURT OF ZIMBABWE	                 JUDGMENT NO. LC/H/805/2016

HARARE 28 OCTOBER 2016			         CASE NO. LC/H/294/16

AND 16 DECEMBER 2016

PIA NGWARU								Appellant

FIRST MUTUAL HEALTH COMPANY (PVT) LTD			Respondent

Before The Honourable G. Musariri, Judge:

For Appellant		Mr R. Zimudzi, Attorney

For Respondent		Mr J. Mutonono, Attorney

MUSARIRI, J:

Appellant worked for Respondent as a Claims Assessor based in Harare.  She was charged with misconduct.  A hearing was held.  By letter dated 11th May 2016 Respondent convicted her and then terminated her employment.  She appealed against the outcome.  On 27th May 2016 Respondent’s Appeals Authority dismissed the appeal.  She then appealed to this Court against the Authority’s decision.

Verdict

Appellant averred that the Appeals Authority erred in confirming the finding of guilt.  Appellant was charged with 2 counts of misconduct namely.

Non-compliance with established procedures; and

Dishonesty towards company and fellow members of staff.

The charges arose from a complaint by Appellant’s colleague named A. Musareva.  A copy is filed of record.  It read as follows,

“I … working at my work station, when Pia Ngwaru approached. At that moment I was talking to a client on the phone.  She just said ‘pano claim randinoda kuona’ and got busy on the computer.

When I finished talking to the client I then checked, only to realise that it was her own claim that she had processed on my computer. … I then asked why she was pushing the claim.  She told me that she had promised that he will get his money quickly.”

The Claims Manager’s statement is also filed of record.  It confirmed that the claim was submitted without the necessary supporting documents and it was fast-tracked. Appellant kept the hard copy in her drawers.

Appellant’s statement dated 9 March 2016 is filed of record.  The last paragraph stated,

“My sincere apologies for the dental confirmations that I … as I had received the phone call as well as pushing … of the claims to ready to pay.  I am very apologetic.  I promise that I will not do this procedure ever again.  I do hereby seek for your apologies.”

I am satisfied from these statements that Appeals Authority correctly confirmed the guilty verdict. Appellant herself confirmed her non-compliance with procedure.  That was the reason for her apology set out above.  Her dishonesty is apparent in her use of her colleague’s computer to process her own claim.  She wanted to create the misleading impression that it was her colleague who processed the claim. Keeping the hard copy in her drawers aimed at concealing her sins.

Penalty

For non-compliance with established procedure Appellant was slapped with a written warning.

For the count involving dishonesty she got dismissed from employment.

The Disciplinary Committee opined that,

“In coming up with the penalty, the disciplinary committee considered the mitigating factors.   The disciplinary committee also considered the impact and gravity of your actions towards the company.  Your actions compromise the trust relationship between the company, fellow employees and yourself since your position requires people who are honest to avoid financial leakages.”

I consider that the Appeals Authority was correct in confirming the penalty.  The dishonesty exhibited by Appellant was evidently pre-planned.  It was an elaborate scheme meant to deceive both the employer and her work-mate.  All this was part of an agenda to get her own claim processed quickly in violation of procedure.  That clearly undermined the relationship of trust between the employer and the employee.  The Respondent was well within its rights to dismiss Appellant in these circumstances.

Wherefore it is ordered that,

The appeal be and is hereby dismissed; and

Each party shall bear its own costs.

G. MUSARIRI

J-U-D-G-E