Driver sues State over ‘illegal’ dismissal


By Nation Reporter

A FORMER Ministry of Health employee has dragged the State to the Lusaka High Court for unfair dismissal after the loss of a Government vehicle.

According to a statement of claim filed in the High Court, Nelson Jere submitted that he was employed by the Ministry of Health as a driver assigned to the Chest Disease Laboratory.

Mr Jere submitted that on February 26, 2013, he was informed that his sister was very ill to the point of death.

He submitted that since the message was urgent, he decided to park the Government vehicle at his house in Libala South with the view of parking it at the designated place later after attending to his sick sister.

After taking his sister to the hospital he found that it was late for him to take the car to the designated parking place and  decided to park the GRZ vehicle at his house.

Mr Jere added that at around 02:00 hours he woke up to check on the car and to his shock the vehicle had disappeared from where it was parked. He later reported the matter at Libala police post and to his supervisor at the ministry headquarters.

Mr Jere in his statement of claim says that on March 15 the same year he was formally charged with the offence of loss of Government property contrary to category D of the Disciplinary Code and procedures and terms and conditions of service.

He was later asked to exculpate himself within seven days  but surprisingly he was dismissed from employment without being afforded the right to be heard as required by law.

Mr Jere now claims an order of declaration that the failure by the his employers to institute investigations and to inform him on the findings of their investigations so that he could prepare for his defence was illegal.

An order that the failure by the defendant to inform him in writing whether or not the disciplinary authority had accepted his exculpatory letter was also illegal

An order of declaration that the defendant’s decision to impose a punishment against him was not connected to the offence committed and to be punished twice for a single offence was illegal and therefore null and void.

Mr Jere also wants payment of all outstanding salaries and other allowances due from the time he was unlawfully dismissed.

Categorized | Court News

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