Centre News Hub.
Masvingo-A former Masvingo Council employee who was dismissed from work following a magistrate’s court conviction over assault charges has appealed against the sentence at the High Court as she takes the fight up to return to her job.
Ruth Matiashe’s work contract was terminated on 4 June this year following a disciplinary hearing.
In the termination letter, Masvingo City Council Human Resources Manager, Tafara Tavengahama, a former labour movement representative, Zimbabwe Congress of Trade Unions Para Legal, cited the conviction sentence as the reason for termination.
Matiashe, through her lawyer Isabell Moyo from Mutendi, Mudisi and Shumba legal practioners have since approached the High Court seeking an appeal against the sentence made by a Masvingo Magistrate in March this year.
At the Magistrate’s Court, she had been sentenced to 12 months in prison for assaulting a fellow workmate at their council house they shared after an altercation. Six months were suspended, while she was sentenced to perform community service for the remaining six months.
The appeal to the High Court is now a turning point in the fight to get back her job, but her employers are reluctant to set aside the termination until the case is finalized at the High Court.
High Court Judge, Justice Christopher Dube Banda, has since granted the appeal for the case to be heard as the legal team seeks review of the conviction sentence.
“The application for condonation and extension of time against sentence outside the time allowed by the rules of court be and is hereby granted,” said Justice Dube Banda in his ruling.
The High Court is set to hear the case seeking to review the sentence.
Investigations by the Centre News have revealed that the policy to terminate an employee’s contract after being convicted was being applied selectively by the Human Resources department.
Centre News has it on good authority that two employees (names withheld) who were also convicted and performed community service over similar charges are still at work.
Further investigations indicated allegations of victimisation of workers by senior workers, including the human resources department, over personal issues.
Several workers have allegedly since been dismissed unfairly by the human resources department and cannot be protected by their workers’ committee and their trade union, both perceived to be toothless.
Tavengahama declined to comment and referred all the questions to the Town Clerk, Engineer Edward Mukaratirwa.
“The case is before the courts so I cannot comment,” Mukaratirwa said.
