News / National
Former NMB employees approach Supreme Court
26 May 2021 at 06:24hrs | Views
FIVE former NMB employees have approached Supreme Court registrar demanding the release of a judgment reserved three years ago in a case where their employer challenged their reinstatement.
The employees, Tawanda Mushaya, Watson Chakawa, Simon Ngirande, Onias Dhadhai and Learnmore Chatima were fired in 2007 after having undergone a disciplinary hearing for alleged theft and fraud.
They appealed and successfully challenged the ruling of the disciplinary hearing in an arbitration which determined that their dismissal was unfair.
But the bank sought leave of execution of the arbitration outcome at the Labour Court in 2009, under case LC/H/360/09 and the application was rejected.
The bank maintained that the dismissal was appropriate, claiming that it had obtained fresh evidence against them, which made them ineligible to re-join the bank.
It claimed that the arbitrator erred on point of law in failing to permit the production of the new documents which the bank wanted to avail.
NMB further appealed against the ruling at the High Court which upheld the Labour Court ruling.
In 2013, NMB appealed against the ruling at the Supreme Court and the matter was heard by High Court judge Justice Paddington Garwe under SC 37/2018.
Justice Garwe reserved his judgment, prompting the employees to make several requests to the registrar seeking to have Justice Garwe release the judgment three years on.
In a letter dated April 6, 2021, the registrar acknowledged the request by the former employees, through their lawyers Gwaunza and Mapota Legal Practitioners and said he had engaged the presiding judge.
"Your letter has been placed before the honourable judge who dealt with the matter. We will revert once directions are given," the registrar said.
But the employees are yet to get the judgment.
The employees, Tawanda Mushaya, Watson Chakawa, Simon Ngirande, Onias Dhadhai and Learnmore Chatima were fired in 2007 after having undergone a disciplinary hearing for alleged theft and fraud.
They appealed and successfully challenged the ruling of the disciplinary hearing in an arbitration which determined that their dismissal was unfair.
But the bank sought leave of execution of the arbitration outcome at the Labour Court in 2009, under case LC/H/360/09 and the application was rejected.
The bank maintained that the dismissal was appropriate, claiming that it had obtained fresh evidence against them, which made them ineligible to re-join the bank.
It claimed that the arbitrator erred on point of law in failing to permit the production of the new documents which the bank wanted to avail.
NMB further appealed against the ruling at the High Court which upheld the Labour Court ruling.
In 2013, NMB appealed against the ruling at the Supreme Court and the matter was heard by High Court judge Justice Paddington Garwe under SC 37/2018.
Justice Garwe reserved his judgment, prompting the employees to make several requests to the registrar seeking to have Justice Garwe release the judgment three years on.
In a letter dated April 6, 2021, the registrar acknowledged the request by the former employees, through their lawyers Gwaunza and Mapota Legal Practitioners and said he had engaged the presiding judge.
"Your letter has been placed before the honourable judge who dealt with the matter. We will revert once directions are given," the registrar said.
But the employees are yet to get the judgment.
Source - newsday
