MAKONI RURAL DISTRICT COUNCIL
SUPREME COURT OF ZIMBABWE
MALABA DCJ, GARWE JA & OMERJEE AJA
HARARE, MARCH 19, 2013 & SEPTEMBER 16, 2014
B Magogo, for the appellant
A Zeure, for the respondent
GARWE JA: This is an appeal against the decision of the Labour Court dismissing, with no order as to costs, an appeal against an arbitral award upholding the dismissal of the appellant from her employment with the respondent.
In order to appreciate the issues that fall for determination in this appeal, it is necessary to set out in some detail the background giving rise to the present proceedings.
The appellant was employed by the Makoni Rural District Council, (“the respondent”). She was stationed at the council offices in Rusape. She was married and had children. Her family was running a business in Rusape.
Her problems with the respondent appear to have started on or about 9 October 2003, when she absented herself from work and allegedly used a council computer to transact personal business. By letter dated 10 October 2003, the appellant wrote a letter to the council treasurer in the following terms:
“… I am sorry for using council computer for private business documents and absence from work. I had valid reasons which I had shared and had been given permission by the Deputy Treasurer, Mrs S Mtisi, that my child, Fadzai was not feeling well …”
On 11 October 2003, the council treasurer wrote to the appellant accepting the apology but warning her not to do the same thing and to ensure that leave days are authorised by the Chief Executive Officer of council before such leave was taken.