HH 257-18 CLEVER VUTETE versus CHAIRPERSON OF THE APPEALS COMMITTEE (ZIMBABWE OPEN UNIVERSITY) and Anor

CLEVER VUTETE

versus

CHAIRPERSON OF THE APPEALS COMMITTEE

(ZIMBABWE OPEN UNIVERSITY)

and

ZIMBABWE OPEN UNIVERSITY

 

 

 

HIGH COURT OF ZIMBABWE

MUNANGATI-MANONGWA J

HARARE, 15 May 2018

 

 

Opposed Matter

 

 

Mr N Mugiya, for the applicant

Mr A K Maguchu, for the 1st respondent

 

            MUNANGATI-MANONGWA J: The applicant herein was employed by the second respondent Zimbabwe Open University and was discharged for violating the second respondent’s Code of Conduct. He appealed against the decision of the disciplinary committee. The appellate body failed to inform applicant of the outcome of the appeal within the period provided in the Code of Conduct. Applicant is claiming a violation of his rights as enshrined in s 69 of the constitution due to the employer’s failure to adhere to its own Code of Conduct. For that he seeks a declaratory order for the following relief.

It is ordered that

  1. The 1st and 2nd respondents’ failure to process and deal with the applicant’s appeal in terms of the 2nd respondent’s Code of Conduct be declared unlawful and wrongful.
  2. The subsequent discharge of the applicant by the respondents be and is hereby declared to be unlawful and wrongful.

 

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2018