Maravi

(HERALD) OK given green light to fire incompetent manager

OK given green light to fire incompetent manager
Court Reporter

The Supreme Court has granted OK Zimbabwe Limited the green light to dismiss a manager who was convicted of gross incompetence and inefficiency after her branch failed to achieve monthly targets set by the supermarket chain.

Ms Sifelani Makaita Gomo, a former branch manager at one of OK’s outlets, was suspended in 2004 for under-performance. She had failed to meet her employer’s expectations for the period extending from April to August 2004, resulting in the area manager warning her.

The problem continued, prompting the company to arraign her before a disciplinary hearing in January 2005 and she was convicted of gross incompetence.

Her employment contract was eventually terminated but she immediately appealed to the Labour Court, which ruled in her favour.

However, OK appealed to the Supreme Court against the decision to reinstate Ms Gomo.
Justice Misheck Cheda found merit in the appeal and set aside the Labour Court’s decision.

In his ruling, Justice Cheda said it was clear from the facts before the court that Ms Gomo had admitted to breaching OK Zimbabwe’s code of conduct and had no basis to challenge the dismissal.

"It is clear that the Labour Court found that the appellant was incompetent. Her own admissions confirm she was inefficient in the performance of work.

"The Labour Court erred in arriving at the conclusion it did which was against what is clear on the record.

"Accordingly, the decision of the Labour Court is set aside," ruled Justice Cheda.
Justice Cheda heard the appeal with Justices Vernanda Ziyambi and Wilson Sandura who both concurred with his ruling.

In its ruling, the Labour Court had found that OK had failed to prove gross incompetence and inefficiency and quashed the decision to fire Ms Gomo.
The lower court, instead, found that the level of incompetence was not so serious as to warrant dismissal.

The court further ruled that her dismissal was unfair and ordered that she be reinstated.

Labels: LABOUR, MANAGEMENT, OK ZIMBABWE

posted by MrK @ 8:58 PM