SC 69-14 KAKURIRA v N.R.Z.






HARARE, JUNE 1, 2011 & SEPTEMBER 3, 2014

The applicant in person

A Muchadehama, for the respondent

Before MALABA DCJ, in Chambers.

The applicant is seeking leave to appeal against a decision of the Labour Court dismissing an appeal from a decision of the General Manager of the respondent.  The General Manager upheld the finding by the disciplinary hearing committee that the applicant stole the respondent’s property.  He was dismissed from employment.  The learned Senior President of the Labour Court refused leave to appeal.

The application has no merit.  The applicant was employed by the respondent as a station clerk based in Banket.  He appeared before the disciplinary hearing committee.  The applicant admitted that he had given three steel sleepers to a lorry driver without authority from his employer.  He knew that the lorry driver had previously approached one Chenjerai asking for scrap metal.  He was told that there was no property belonging to the NRZ which was for disposal. 

The applicant knew that the property belonging to NRZ had to be disposed of through a procedure which required that all property be sent to Bulawayo for reclamation.  His job involved sending such property from Banket to Bulawayo for proper disposal.  Notwithstanding this knowledge, he found it necessary to give the three steel sleepers to the lorry driver.  The property was loaded on the lorry in the presence of the applicant.  He admitted that it was only recovered when the station master saw what was happening and rushed to where the lorry was parked and ordered that the property be off-loaded.