By James Mutasa

The Zimbabwe Broadcasting Cooperation (ZBC) has been ordered to pay outstanding salaries and benefits to Dably Murwirwa who was unlawfully suspended from work by a designated agent for the NEC electronics, P. Kavuru Titiya.

Murwira submitted that he was employed by ZBC on the 14^th of June 2021 as a license Inspector and was suspended from work pending disciplinary proceedings. However no disciplinary proceedings were successfully conducted.

Murwira added that he was entitled to reinstatement to his former position, without loss of salaries and benefits all totaling US$4296.74 ZiG 126893.20

ZBC however, argued that Murwira had given the arbitrator wrong information, adding that Murwira served under a one year fixed-term contract, from 1^st July 2022 to 30^th of June 2023 and then another year up to 30^th of June 2024 when his contract of employment ended automatically due to effluxion of time.

ZBC further averred that the applicant seeks quantification of the salary arrears allegedly owed to him but has failed to provide evidence to assist the tribunal in arriving at a decision of the amount owed if any.

‘It is not in dispute that the applicant was on a fixed term contract of employment that expired on the 30^th of June 2024,’ wrote Kavhuru on the determination.

‘Based on the above mention findings,’ went on Kavuru, ‘it is clear that the employee was just suspended, and nothing was done to make a disciplinary enquiry on the alleged acts of misconduct and give finality to the case.

‘Failure to report to work by the applicant cannot be equated to reputation of contract under the circumstances, and the respondent should have instituted the disciplinary proceedings soon after the staff absence memo was raised by the Applicant’s supervisor on 13^th of September 2023.

‘If the Applicant had indeed repudiation his contract of employment, why then did the respondent decided to suspend him on 6 November 2023 and subsequent on 8 December 2023 pending a hearing schedule for 14 December 2023 if he was no longer employed by the Respondent?

‘The Respondent initiated disciplinary proceedings which were obviously supposed to be finalized, and leaving such critically disciplinary proceedings indefinitely hanging in the air automatically amounts to an unlawful suspension.

The parties are to agree on the quantum owed, and if they fail to agree either party can approach the arbitrator for quantification.

But ZBC have refused to accept the arbitration award and vowed to challenge the decision.