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Daniel Nemukuyu Senior Court Reporter
The Labour Court has confirmed the expulsion of former Chitungwiza Municipality chief internal auditor Mr Takesure Mudiwa, putting to rest a four-year legal battle.

Mudiwa was suspended by council in 2012 on allegations of wilfully losing company property and engaging in behaviour likely to harm the financial position of the municipality.

He contested the suspension and took the matter for conciliation where he got an order to get his unpaid salaries and benefits pending determination of the main dispute by an arbitrator.

An arbitrator convicted him of misconduct and ordered his expulsion.

Mudiwa then appealed to the Labour Court.

Labour Court judge Justice Philder Muzofa last week threw out the appeal and confirmed Mr Mudiwa’s dismissal from employment.

Matsikidze and Mucheche Legal Practitioners represented Chitungwiza Municipality in the matter while Mudiwa did not have any legal representation.

Justice Muzofa ruled: “From the foregoing, clearly the appeal cannot succeed. Accordingly, the following order is made;

“The appeal be and is hereby dismissed. The appellant’s dismissal is hereby confirmed.”

Facts are that during his employment, Mr Mudiwa was in possession of a book and some files containing internal vouchers for the period stretching from 2009 to 2010.

When council asked for the documents, Mr Mudiwa could not account for them.

Mr Mudiwa gave conflicting statements regarding the whereabouts of the documents resulting in the arbitrator concluding that the explanation was unsatisfactory.

He also argued that the missing books and some invoices were not of much importance as to warrant the institution of disciplinary proceedings against him.

Mr Mudiwa argued that he had no motive to wilfully cause the disappearance of the property in question.

In a separate case, Chitungwiza Municipality this week successfully obtained an order legitimising the dismissal of another employee who was convicted of stealing the local authority’s property.

The expulsion of a security guard, John Muvavi, from the municipality was confirmed by Justice Muzofa.

Muvavi was accused stealing some four deep freezer doors from council when he in actual fact, he had a duty to safeguard the property.

A disciplinary tribunal convicted him and he took the matter up for arbitration.

An arbitrator ruled in favour of the security guard and ordered his reinstatement.

Council successfully challenged the arbitral award in the Labour Court.

Justice Muzofa this week quashed the decision of the arbitrator and declared the dismissal lawful.

Meanwhile, Prosper Dembedza reports that a freelance sales agent with Gtel (Pvt) Ltd has appeared in court for allegedly converting $54 196 raised from selling the company’s handsets to her personal use.

Caroline Chinyamunyamu (38) on Monday appeared before Harare magistrate Mr Tendai Mahwe facing theft of trust property charges and was freed on $100 bail.

As part of her bail conditions, she was ordered not to interfere with State witnesses, report once every Friday at CID Serious Frauds and to continue residing at the given address.

Allegations are that in 2014, Chinyamunyamu entered into a commission sales agreement with Gtel in which she would sell handsets on behalf of the company.

The court heard that during the period August 2014 and March 2016, Chinyamunyamu was given 154 Gtel handsets worth $54 196 by the company to sell and remit the sale proceeds.

It is alleged that Chinyamunyamu sold the handsets for cash amounting to $54 196 and converted it to her own use.

It is the State’s case that to cover up for the offence, Chinyamunyamu went to Gtel where she submitted credit application and declaration forms indicating that she had sold the handsets on credit to employees from ZIMSEC, Manica Africa and Unique Travel Company.

The offence came to light when Gtel failed to get monthly instalments from the purported customers prompting them to conduct investigations.

The court heard that the matter was reported to the police on March 23 leading to Chinyamunyamu’s arrest.