AIR Zimbabwe Private Limited has reinstated jailed executive Grace Pfumbidzayi to her former position of acting managing director.
Paidamoyo Muzulu
The reinstatement of Pfumbidzayi who is currently incarcerated, serving an effective seven year sentence at Chikurubi Maximum Security Prison, comes after the company rescinded her purported dismissal following an arbitrator’s ruling that it was un-procedural.
The reinstatement however appears merely technical since Pfumbidzayi is in jail serving time for criminal abuse of office in a $10 million insurance scam that rocked the national airline early this year.
Pfumbidzayi has however appealed at the High Court against both conviction and sentence.
The reinstatement was communicated to her in a letter dated August 4 2015 by the company’s acting manager in the airline’s human resources department, identified only as Munkhodya.
Pfumbidzayi’s reinstatement follows her dismissal which she challenged and won at an arbitration hearing which took place when she was already incarcerated.
“We make further reference to the Arbitral Award by T Zimudzana reinstating you to the position of Acting Managing Director,” Munkhodya wrote.
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“Whilst Air Zimbabwe (Pvt) Limited does not agree with the conclusion reached by the arbitrator, Air Zimbabwe has taken a decision to reinstate you to your former position as Acting Managing Director.”
He added: “You are hereby supposed to return back to work with immediate effect and we advise accordingly,and look forward to seeing you at work.”
Pfumbidzayi has not turned up for work as she is in prison. Her lawyer Gondai Sithole of Mawire and Associates confirmed the development.
“It’s true that Air Zimbabwe wrote to her reinstating her to her position but now we will be entering into discussion on how we will proceed as it is common cause that currently she is incarcerated,”Sithole said.
He added: “It now depends on her High Court appeal ruling, but for now her reinstatement means she is entitled to all benefits that accrued to her while dismissed as case law is clear that when one is reinstated, it’s assumed they were never dismissed.”
It could not be independently verified how much compensation Pfumbidzayi will receive for the period she was dismissed, but conservative estimates put it at above $100 000.
Air Zimbabwe public relations manager Shingai Dhliwayo could not immediately comment on the development, saying she needed a briefing from senior executives on the matter. However, by the time of going to print she had not yet responded.
A lawyer close to the matter who requested anonymity said the development was tricky for the airline as they may have reinstated her to dismiss her by termination of her contract on notice.
“It seems the airline now wants to use the Zuva ruling to put to finality Pfumbidzayi’s case. The only way they could do it was by first reinstating her to her position and then terminating her contract,”the lawyer said.
The airline dismissed 10 senior executives at the beginning of August using the Zuva ruling as it battled to remain afloat amidst spiraling debts and reduced revenue.
Air Zimbabwe workforce is still bloated and operating at a higher ration of flying planes to that of its employees.
International ratios are one plane to 85 workers, but the situation at the airline has over a thousand employees living off three planes.
