Peterhouse School ordered to reinstate head

The Labour Court has ordered Peterhouse Group of Schools to reinstate former deputy head Mirriam Shumba after finding that her dismissal was unfair and procedurally flawed.

In a judgment delivered in Harare on April 8, Justice Garudzo Ziyaduma ruled that the private school acted unlawfully by appointing another deputy head while Shumba's fixed-term contract was still in force, despite her having a legitimate expectation that it would be renewed.

"It is declared that the purported appointment of another deputy head whilst the employment contract of the applicant still subsisted amounts to unfair dismissal," the court ruled.

The court ordered Shumba's reinstatement, or alternatively payment of damages to be determined if reinstatement is not possible.

Shumba had approached the court after the school declined to renew her contract signed on September 18, 2024, arguing that she was replaced before the contract expired and was even introduced at a school assembly while still employed.

She further claimed that no performance appraisal or formal explanation was provided to justify the non-renewal.

Peterhouse argued that the contract was fixed-term and explicitly stated there was no expectation of renewal, also challenging the court's jurisdiction.

However, the court dismissed the objection, holding that the matter fell under Section 12B(3)(b) of the Labour Act, which protects employees where there is a legitimate expectation of re-engagement.

Justice Ziyaduma found that this expectation was reinforced by the school's job advertisement and verbal assurances made at the time of contract signing, which suggested a long-term progression path within the institution.

The court concluded that the termination was irregular and that appointing a replacement during the subsistence of Shumba's contract amounted to unfair dismissal, reinforcing the constitutional requirement for fair labour practices.