Guardian Security to reinstate guard fired for crying over her salary

An arbitrator has ordered Guardian Security to reinstate a female security guard whom it fired for complaining over her outstanding salary

Angeline Andiseni was dismissed on allegations of indiscipline, shouting and crying at the reception which she denied at the disciplinary committee hearing. She appealed against the dismissal.

She submitted that she shed tears as opposed to wailing because she had gone for two months without a salary and that on the day she had been made to wait at the head office from 7am - 4pm in vain.

She further argued that Guardian security did not prove its case and that the allegations did not warrant a dismissal.

The employer submitted that the dismissal was above board as it was held in accordance with the national employment code and that the misconduct was of a serious nature warranting dismissal.

In analysing submissions from both parties the arbitrator E Maganyani noted that Andiseni was unfairly dismissed because not allowing mitigation at a disciplinary hearing results in the matter being referred back to the employer for a procedural and fair hearing.

"I have made observations that the respondent (Guardian) was just stating that the conduct of the claimant was just disgraceful but the question that remains is whether or not the claimant actually committed the offence?

The arbitrator ordered that Andiseni be reinstated without loss of salary and benefits or payment of damages in lieu of reinstatement if reinstatement is longer tenable.

She was represented by Ratidzo Gasva of the Zimbabwe Security Guards Union.