BY JAMES M MUTASA

The Labour Court has ordered Kenac Computers (Pvt) Ltd to reinstate with benefits an employee who was unfairly dismissed for refusing to sign a new contract that varied his working conditions.

In a judgment delivered by Justice Hove, the company was ordered to reinstate Tinashe Amutero into his position without loss of salary and benefits and if reinstatement is no longer tenable to pay damages for the premature loss of employment.

Amutero was dismissed by Kenac Computers after he had refused to accept a new contract of employment citing that the alleged new contract of employment had poor working conditions than the current one.

Amutero’ refusal to agree to the sub standard contract of employment irked Kennedy Chikuhwa, the Human Resources Manager who in turn dismissed him declaring that he had resigned.

Through his union, the National Union of Metal and Allied Industries in Zimbabwe (NUMAIZ), Amutero appealed to the National Employment Council for Electronics Industries, which overturned Chikuhwa’ dismissal verdict.

Kenac then hired John Bakasa of Nyamayaro Bakasa Attorneys who appealed against the decision of the NEC to the Labour Court.  

The appeal was dismissed by Justice Hove for lack of merit.

“I have already stated that the facts reveal that the employee was dismissed by appellant when appellant wrongly assumed that the employee had resigned when he had not,” reads judge Hove’ judgment.

“He merely declined the new fixed term contract and ought to reverted to his earlier employment status before the offer,” went on judge Hove.

“It follows therefore that the employer unlawfully terminated his contract of employment when it unlawfully insisted that he had resigned and asked him not to report back for work. It is the employer who unlawfully terminated the contract of employment,” added Hove.

NUMAIZ general Secretary Henry Tarumbira said the union would continue to fight errant employers within the industry.

“We will continue fighting for employees’ rights,” he said.