Shurugwi – Tongogara Rural District Council human resources manager Messa Dhliwayo was fired after a disciplinary hearing yesterday for allegeldy passing on information to the local authority’s suspended Chief Executive Officer (CEO), Brian Rufasha.
Dhliwayo had been appointed acting CEO.
Dhliwayo was charged with contravening Section 4(1) of SI 15/ 2006, violating common law duty of being loyal to the employer. He failed to protect the employer’s interest during hand over take over exercise between him and his boss Rufasha.
He was also charged with willful disobedience of a lawful order after he ignored an instruction by the employer to authorise an urgent bank payment.
Through his lawyer Nomore Hlabano from Hlabano Chambers, Dhliwayo said he had no idea of a hand over take over hence he surrendered critical documents to Rufasha. He also said that Rufasha was still his boss.
He refuted that the allegation of willful disobedience and said that he could not authorize the bank transfer because he was on suspension and the conditions of the suspension was that he should not communicate with workers from council.
Dhliwayo was found guilty on both charges.
Dhliwayo was placed on forced leave on October 20, 2020.
“I put it to you that you are dismissed from work and you are guilty on both charges. You have been contradicting yourself when you said you warned council chairman that the council must not give Rufasha any document before the finalisation of the matter and now you are telling the hearing that you did not know how to carry a hand over take over yet you knew.
“According to your job description you are supposed to know how to carry out a hand over takeover and according to the books it’s not your first time to carry out a hand over take over,” said the Tirbunal. “On the second count you said you ignored council chair’s email over a request to come and sign for an urgent payment. You willfully disobeyed lawful order since you replied the email to Acting CEO Piniel Chiguvari who you were not supposed to communicate with him as he is a council employee. At least you were supposed to communicate with the council chair because he is not a council employee and you are hereby dismissed from work. You can appeal to the Labour Court if you want,” said the Tribunal. https://masvingomirror.com