Gudyanga seeks UZ reinstatement


FORMER Mines ministry permanent secretary Francis Gudyanga has approached the High Court seeking to be reinstated as a University of Zimbabwe (UZ) lecturer.

Gudyanga is the applicant, while the UZ registrar, its vice chancellor Paul Mapfumo and the institution itself are cited as respondents.

In the application, Gudyanga told the court that he was employed by the UZ in January 1989 under the Metallurgy Department, Faculty of Engineering, before he was seconded as a permanent secretary in Mines ministry in September 2017.

Gudyanga said he was retired from the ministry in February 2018 and applied for reinstatement at the UZ under the teaching staff in the department of Metallurgical Engineering.

“On the 23rd of October 2018, I received a letter from the respondents advising me that my application had been approved by the second respondent (Mapfumo) and that I will be appointed on a post retirement contract on a yearly basis.

“On the 24th day of October 2018, I was offered a position of temporary full time associate professor on a post retirement contract for a period of one year from the 25th day of October 2018 to the 24th day of October 2019,” Gudyanga said.

He said he was shocked on October 27, 2018, when he was served with a letter advising him that authorities had withdrawn his contract on the basis that due processes were not followed when he was appointed.

“The above mentioned letter also stated that I would be advised of the outcome of my application once due processes had been completed. However, to this date I have not been advised of the outcome of my application.

“Further, the respondents did not give me two months’ notice as required in terms of the contract which I signed when they decided to withdraw it. On the 6th of February, I wrote a letter to the respondents demanding that they reinstate me in terms of the contract I signed on the 25th day of October 2018. However, they had refused, failed and or neglected to do so,” he said.

He said he approached the High Court seeking an order for his reinstatement or to have his contract properly terminated.
The UZ, however, said Gudyanga’s application was incompetent.

“Applicant wants reinstatement. His claim arises of what he perceives to be an unlawful termination of his contract of employment. Whichever way one looks at it, applicant’s cause of action and the remedy he seeks are provided for in the Labour Act,” the UZ said in response.

The institution urged the court to dismiss the application and decline to entertain the case.
The case is pending before the High Court.

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