Latest News Editor's Choice


News / Africa

CEO fakes papers to land post

by Staff Reporter
24 Nov 2013 at 05:38hrs | Views
CHIMANIMANI Rural District Council chief executive officer Mr Nehemiah Deure falsified information to get his current job, an independent arbitrator has ruled. To this end, the contract of employment

entered between the rural district council and Mr Deure is now null and void since it was based on falsified information.

Arbitrating in a labour case in which Mr Timothy Marango complained of unfair labour practice following the appointment of Mr Deure ahead of him yet he had convincingly passed interviews, Mr Noah Ariel Mutongoreni set aside the appointment of Mr Deure and declared Mr Marango the CEO effective April 1 2010.

He also ordered the local authority to pay Mr Marango salary arrears and allowances amounting to more than $90 000.

Mr Mutongoreni also ruled that Mr Deure and his administration was victimising Mr Marango as they deprived him of benefits enjoyed by senior officers in his grade.

He also noted as part of the victimisation that Mr Marango was unfairly removed from the post of senior administration officer in charge of human resources and administration to that of an officer in the community services department.

The local authority was also told to consider recovering all dues paid in respect of Mr Deure during his tenure as CEO since the appointment was improper.

"Applicant (Marango) was employed by the respondent (Chimanimani RDC) as senior administration officer effective 20 August 2005… Following the death of the then chief executive officer Mr Harahwa on June 4 2009, applicant was re-called from study leave in South Africa where he was pursuing a masters degree in rural development…to act in the position of CEO.

"The position of CEO was then advertised on 15 October 2009 and applicant responded to the advert and was subsequently called to attend the interviews which, however, were later on cancelled. The position was then re-advertised and applicant applied for the position and was subsequently interviewed for the position of CEO. Applicant scored 81,33 percent in the interview while the second best candidate scored 54,11 percent.

"In a full council meeting respondent duly appointed applicant as the CEO. (However) respondent allegedly proceeded to appoint a certain Mr Nehemiah Deure instead of the applicant. It is alleged that the said Deure then, on assuming office, committed several acts of unfair labour practice against the applicant such as demoting him from the post of senior administration officer to the post of community development and social services officer," said Mr Matongoreni.

To this end, Mr Marango approached the labour court for intervention and the matter was referred to Mr Matongoreni for arbitration.

In his arguments Mr Marango, through his lawyer Mr David Tandiri of Tandiri Law Chambers, said Mr Deure was not a fit and proper person to be appointed CEO since he scored 30 percent below his score during the interviews.

He also said Deure does not possess the required qualifications for the job which included a Bachelor of Social Science, Business Studies or Law Degree and five years experience in local governance. Mr Deure, he argued, did not satisfy the two requirements.

Contrary to claims that Mr Deure's appointment had been approved by the Minister of Local Government, Rural and Urban Development, Mr Marango said no such thing happened.

He said all letters of his improper appointment were written by the District Administrator who had no legal authority to write a letter on behalf of the Minister and were not copied to either the Minister or the Permanent Secretary.

Mr Matongoreni said he verified evidence produced during the arbitration and found out that Mr Deure had no local governance working experience, contrary to what he wrote in his curriculum vitae that he was once the CEO of Zvataida Rural District Council.

In fact, Mr Deure was employed by the Ministry of Higher and Tertiary Education as a lecturer at Nyadire Teachers' College.

"Professionally, he falsified information which in employment terms is a grave offence and at best got the position through fraudulent means. This is akin to a person who presents the employer with a fake qualification/information and whenever this is unearthed that is the end of the employment relationship. This is what could be termed professional dishonesty or fraud," said the arbitrator.

"The fact that the respondent entered into a contract of employment with Mr Deure on the premise that he had the requisite five years experience plus a relevant first degree implies that whatever was agreed upon was based on false information and hence the contract of employment entered into was null and void. This is so because for a contract of employment to be entered into there must be a meeting of the minds. A meeting of the minds cannot take place in a situation where one party falsifies critical information as in this case…there was no evidence in form of documentary proof that showed that the Minister sanctioned the appointment of Mr Deure."

Source - Manicapost