Senior Court Reporter
The former assistant of High Court judge Justice Erica Ndewere, Kudakwashe Zimba, is suing the Judicial Service Commission (JSC) for US$10 000 for unlawful termination of employment and has demanded reinstatement as a magistrate.
Zimba claimed that the JSC did not follow procedures when it dismissed him and did not undertake a disciplinary hearing or a retrenchment process as required by labour laws.
Through PJ Legal Aid, Zimba has since filed a notice to apply for an order compelling the JSC to pay him the money in damages and reinstate him in the magistracy at the Labour Court. In the draft order, Zimba also wants the nullification of his dismissal and an instruction that the JSC pays him for the time he was out of work.
In his founding affidavit attached to the notice, Zimba said he was employed as Justice Ndewere’s assistant on July 10 2018 and was dismissed last year.
“This termination of the employment contract was done in clear violation of the labour laws and administrative laws of Zimbabwe and other international conventions. In short, the termination was grossly unreasonable,” he said.
Zimba said he once took the matter to the Labour Ministry in February last year and it was set for conciliation in March of the same year, but there was no settlement or ruling for reasons unknown to him.