Zimpapers Logo

Tendai Rupapa Senior Court Reporter
The Zimbabwe Broadcasting Corporation (ZBC) has been ordered to pay $23 000 to a former employee for the 12 months he worked as acting human resources manager. Takudzwa Chiturumani’s contract of employment was later terminated on three months’ notice two years ago. He sued ZBC for making him work in excess of the maximum six months that one is allowed to be in an acting capacity in terms of the company’s human resources policies and conditions of services.

Chiturumani, who had been elevated from the position of human resources executive to acting human resources manager, argued that he worked in that capacity for 18 months before he was advised to revert to his duties as human resources executive. He won his case before a labour officer, but ZBC appealed against the decision at the labour court. The Labour Court on Thursday upheld the labour officer’s decision that Chiturumani be given $23 643.

Chiturumani’s lawyer Mr Tafara Chiturumani of Chiturumani and Zvavanoda Law Chambers, said, “On February 16, our client wrote a letter to his employer indicating that he had acted for 13 consecutive months and was supposed to be appointed a substantive manager in terms of the manual, but the same was ignored and ZBC left him in an acting capacity up to 18 months.

“The employer conducted a performance appraisal of our client in his acting capacity and he passed the same. What it simply entails in terms of the manual is that our client was deemed substantive at the expiry of the six months. In the circumstances, our client should, therefore, be paid $23 643 being the loss of earnings.” Chiturumani was earning $778,56 and the substantive HR manager’s salary was supposed to be $2 748,78.

His lawyer added, “The truth of the matter is that ZBC was in need of HR manager, but did not want to incur an expense of remunerating one, then decided to leave our client in an acting capacity, but at the same time remunerating him as HR executive. This is an unfair labour practice.” In its heads of argument, ZBC argued that Chiturumani was relying on a mere manual which was not a statute

“This reliance is misplaced, firstly, a manual is not an agreement entered into between the employer and employee creating rights,” argued the broadcaster. “It is a document crafted by the employer clarifying its policies and procedures. He had no legitimate expectation to be promoted. Having served for a long time in acting capacity did not create any legitimate expectation. He did not receive any assurances from ZBC that he will be appointed to the position of HR manager. Neither did he show us that he had the relevant qualifications for appointment on a substantive basis.”
After hearing arguments from both parties, the Labour Court upheld the labour officer’s findings to award Chiturumani his dues.