Gweru Labour Court Judge Justice Betty Chidziva has on Monday dismissed former Gweru City Council Town Clerk, Elizabeth Gwatipedza’s urgent Chamber application for reinstatement of employment.
Justice Chidziva dismissed the issue at the Labour Court saying the appeal lacked merit.
Elizabeth Gwatipedza was dismissed in December last year on allegations of disobeying council orders.
Justice Chidziva argued that Gwatipedza’s dismissal was justified and it would be unreasonable for the court to interfere with that penalty.
She said that Gwatipedza disobeyed lawful orders from her employer, the council.
“The applicant failed to achieve maximum productivity in so far as the audit cycle was concerned. She failed to meet deadlines and the reasons she gave for the failure are not satisfactory. She was doing something in her office but in an inefficient manner…,” reads part of the judgment.
Justice Chidziva described Gwatipedza as grossly incompetent and inefficient in performing duties.
“It was the applicant ‘s duty to properly monitor, administrate and control the activities of all council employees as provided by the law.
“Even if she was not an expert in procurement, engineering and health, she had to discharge her duties in terms of the Urban Councils Act and there is no evidence to prove that she exercised her supervisory roles as required by he governing Act.
“In the circumstances, a penalty of dismissal cannot be said to be unreasonable and this honorable court cannot therefore interfere with the penalty that was given by the employer. The applicant’s appeal is dismissed,” read the judgment.
In December last year, Gweru City Council through the Mayor Josiah Makombe resolved to terminate Gwatipedza’s contract and suspended her from council duties after she was found guilty of gross incompetence for failing to comply with the audit and supervise the council’s finance department.
In her defense, Gwatipedza appealed against the disciplinary committee’s decision citing reasons that she had not disobeyed the council by failing to submit her contract of employment.
She said her role was clearly spelt in the Urban Councils Act adding that there was no such clause in the Act which gives the mayor powers to ask for her contract papers.
She said she had failed to meet the audit deadlines because when she was hired the audit cycle was already behind.
