Business / Companies
Journalist wins court case against Alpha Media Holdings
29 May 2012 at 22:57hrs | Views
A Zimbabwean political journalist Kelvin Jakachira who was fired by Alpha Media Holdings (AMH) from NewsDay in November last year on allegations of receiving a bribe has been awarded US$20 000 by an independent arbitrator after ruling that AMH had no right to terminate his employment contract.
The newspaper group was also accused of failing to abide by its employment code of conduct by using it selectively.
"Under the circumstances, employer or respondent (Alpha Media) had no right to terminate employment on notice as this was a purely disciplinary matter that should have been pursued and concluded using the registered code of conduct," said Mr Jones Nyamupachitu.
He said the relationship between Jakachira and Alpha Media as employer and employee appears no longer tenable.
"Reinstatement is therefore not appropriate remedy under the circumstances, but rather an order for damages in lieu of reinstatement," he said.
"Respondent Alpha Media Holdings is ordered to pay damages in lieu of reinstatement as follows â€" 12 months salary US$18 000 and relocation allowance to Mutare US$1 480."
Mr Nyamupachitu ordered the payment to be made within 21 days.
In his findings, Mr Nyamupachitu said Alpha Media Holdings was guilty of blowing hot and cold using the code of conduct when it suited them and abandoning it mid air when it was no longer in their favour.
"This appears as a desperate and determined attempt to separate with the claimant by whatsoever means available," he said.
"It was in this context that respondent, realising that the disciplinary route that they had pursed may hit a brick wall, opted for the termination of employment on notice which is normally allowed for non disciplinary issues."
Mr Nyamupachitu said there was no valid evidence to support that Jakachira waived his right and stopped from challenging the validity of the termination. Alpha Media Holdings lawyer Miranda Sachikonye said they will appeal against the award.
"We are not satisfied with the arbitration award and we will be noting an appeal on behalf of our client," she said.
The newspaper group was also accused of failing to abide by its employment code of conduct by using it selectively.
"Under the circumstances, employer or respondent (Alpha Media) had no right to terminate employment on notice as this was a purely disciplinary matter that should have been pursued and concluded using the registered code of conduct," said Mr Jones Nyamupachitu.
He said the relationship between Jakachira and Alpha Media as employer and employee appears no longer tenable.
"Reinstatement is therefore not appropriate remedy under the circumstances, but rather an order for damages in lieu of reinstatement," he said.
"Respondent Alpha Media Holdings is ordered to pay damages in lieu of reinstatement as follows â€" 12 months salary US$18 000 and relocation allowance to Mutare US$1 480."
Mr Nyamupachitu ordered the payment to be made within 21 days.
In his findings, Mr Nyamupachitu said Alpha Media Holdings was guilty of blowing hot and cold using the code of conduct when it suited them and abandoning it mid air when it was no longer in their favour.
"This appears as a desperate and determined attempt to separate with the claimant by whatsoever means available," he said.
"It was in this context that respondent, realising that the disciplinary route that they had pursed may hit a brick wall, opted for the termination of employment on notice which is normally allowed for non disciplinary issues."
Mr Nyamupachitu said there was no valid evidence to support that Jakachira waived his right and stopped from challenging the validity of the termination. Alpha Media Holdings lawyer Miranda Sachikonye said they will appeal against the award.
"We are not satisfied with the arbitration award and we will be noting an appeal on behalf of our client," she said.
Source - TH
