News / National
Court orders reinstatement of NetOne boss Lazarus Muchenje
15 Mar 2021 at 20:42hrs | Views
Lazarus Muchenje who was last year kicked out of NetOne has been reinstated as Chief Executive Officer (CEO) by the High Court.
His victory follows an application filed early this year after he was dismissed on three months' notice.
Muchenje has been at loggerheads with his employer who dismissed him in July last year. He rushed to the court and was granted an interim order suspending his dismissal.
After the reinstatement, he was again dismissed on three months' notice prompting the latest application which has been granted by Justice Webster Chinamhora.
In the latest application, Muchenje challenged his dismissal saying the letter of termination given to him was illegal.
It was his argument that the letter had no force of law in that his contract of employment cannot be terminated on notice or in the manner that the company did.
The judge said he was correct and slapped NetOne with costs.
"As I have come to the conclusion that there is no inconsistency between the Labour Act and the Public Entities Corporate Governance Act within the contemplation of section 2A (3) of the Labour Act, the provision of section 12 (4) should not have been utilised to bring an end to the applicant's employment," the judge said.
"In the result, I make the following order that the letter of July 9, 2020, drafted by (Winstone) Makamure written for and on behalf of the NetOne Cellular addressed to the applicant be and is hereby declared null and void. The first to fourth respondent shall pay costs of this application, the one paying the others to be absolved."
Cited as first to sixth respondents were Susan Mutangadura, Winstone Makamure, Rangarirai Mavhunga, Beulla Chirume, Douglas Mamvura and NetOne Cellular (Private) Limited.
Muchenje had also argued that there is a court order barring the respondents from giving effect to a similar letter which seeks to terminate his contract on notice.
He further stated that he cannot be dismissed on notice as purported in the said letter in terms of his contract as read together with the Public Entities Corporate Governance general regulations.
Muchenje was represented by Advocate Taona Nyamakura.
His victory follows an application filed early this year after he was dismissed on three months' notice.
Muchenje has been at loggerheads with his employer who dismissed him in July last year. He rushed to the court and was granted an interim order suspending his dismissal.
After the reinstatement, he was again dismissed on three months' notice prompting the latest application which has been granted by Justice Webster Chinamhora.
In the latest application, Muchenje challenged his dismissal saying the letter of termination given to him was illegal.
It was his argument that the letter had no force of law in that his contract of employment cannot be terminated on notice or in the manner that the company did.
The judge said he was correct and slapped NetOne with costs.
"As I have come to the conclusion that there is no inconsistency between the Labour Act and the Public Entities Corporate Governance Act within the contemplation of section 2A (3) of the Labour Act, the provision of section 12 (4) should not have been utilised to bring an end to the applicant's employment," the judge said.
"In the result, I make the following order that the letter of July 9, 2020, drafted by (Winstone) Makamure written for and on behalf of the NetOne Cellular addressed to the applicant be and is hereby declared null and void. The first to fourth respondent shall pay costs of this application, the one paying the others to be absolved."
Cited as first to sixth respondents were Susan Mutangadura, Winstone Makamure, Rangarirai Mavhunga, Beulla Chirume, Douglas Mamvura and NetOne Cellular (Private) Limited.
Muchenje had also argued that there is a court order barring the respondents from giving effect to a similar letter which seeks to terminate his contract on notice.
He further stated that he cannot be dismissed on notice as purported in the said letter in terms of his contract as read together with the Public Entities Corporate Governance general regulations.
Muchenje was represented by Advocate Taona Nyamakura.
Source - zimlive
