News / National
Man fired for stealing sugar
23 Apr 2013 at 13:33hrs | Views
A Servcor Private Limited Company employee, who took his employer to the Labour Court amid accusations of illegally dismissing him for allegedly stealing 2 packets of sugar, has lost his case.
Wilbert Chipunza lost the battle when the court upheld his dismissal.
Represented by its defence counsel, Wellington Magaya of Coghlan, Welsh and Guest Law firm, the company won the case. The matter was heard in the Labour Court of Zimbabwe before Judge President E.F. Ndewere who upheld the dismissal. The Labour court dismissed Wilbert Chipunza's case citing the following:
"Despite the background analysis of the case, it shows that the appellant was given an opportunity to be heard, but he chose to remain silent. The Union tried to give the appellant's defence during the appeal hearing, but it had already denied itself the opportunity to cross examine the key witnesses who were cited at the disciplinary hearing, and the opportunity to call their own witnesses.
"Consequently, management's evidence of theft at the hearing was not challenged and must therefore be accepted as a correct version of what transpired, resulting in the guilty verdict."
It was heard that on 1 July 2011, Wilbert was observed by C. Mudyiwa and K. Chimbangu coming from the Traditional Canteen holding a parcel wrapped with uniforms. Mudyiwa told Chimbangu his Supervisor to follow him to the changing room after suspecting.
When Chimbangu got to the changing room, he discovered that the parcel which Wilbert had been holding contained two packets of sugar weighing 2kg each. Wilbert was confronted by Mudyiwa on where he got the sugar from before indicating that he took it from the canteen. However, on 6 July, the management suspended Wilbert without payment and benefits pending a disciplinary hearing and advised him that he was being charged with theft.
"The appeal is dismissed, with each party paying its own costs," read the labour court's judgment.
Wilbert Chipunza lost the battle when the court upheld his dismissal.
Represented by its defence counsel, Wellington Magaya of Coghlan, Welsh and Guest Law firm, the company won the case. The matter was heard in the Labour Court of Zimbabwe before Judge President E.F. Ndewere who upheld the dismissal. The Labour court dismissed Wilbert Chipunza's case citing the following:
"Despite the background analysis of the case, it shows that the appellant was given an opportunity to be heard, but he chose to remain silent. The Union tried to give the appellant's defence during the appeal hearing, but it had already denied itself the opportunity to cross examine the key witnesses who were cited at the disciplinary hearing, and the opportunity to call their own witnesses.
"Consequently, management's evidence of theft at the hearing was not challenged and must therefore be accepted as a correct version of what transpired, resulting in the guilty verdict."
It was heard that on 1 July 2011, Wilbert was observed by C. Mudyiwa and K. Chimbangu coming from the Traditional Canteen holding a parcel wrapped with uniforms. Mudyiwa told Chimbangu his Supervisor to follow him to the changing room after suspecting.
When Chimbangu got to the changing room, he discovered that the parcel which Wilbert had been holding contained two packets of sugar weighing 2kg each. Wilbert was confronted by Mudyiwa on where he got the sugar from before indicating that he took it from the canteen. However, on 6 July, the management suspended Wilbert without payment and benefits pending a disciplinary hearing and advised him that he was being charged with theft.
"The appeal is dismissed, with each party paying its own costs," read the labour court's judgment.
Source - Metro
