Conrad Mwanawashe Business Reporter
THE National Social Security Authority is in a storm for failing to abide by a High Court judgment made more than 11 years ago which reverses its decision to terminate a worker’s employment contract. Responding to NSSA’s application for review of an award of $721 048,24 in damages awarded by arbitrator Mr Sam Mugumisi last year, Mr Edwell Maposa argued that the authority is approaching the court with dirty hands following its failure to implement the court order.
Mr Maposa was in 2002 suspended and subsequently dismissed from his employ with NSSA after a disciplinary hearing which was not properly constituted. Mr Maposa had been in grade 13 according to a NSSA grading system. Despite the court ruling NSSA went on to argue the same case before a labour officer Ms Dubile who, however, advised the authority to abide by the High Court order by either reinstatement or payment of severance damages in lieu of reinstatement.
NSSA then opted to pay damages in lieu of reinstatement and invited Mr Maposa to quantify his damages through a letter written by the authority’s head of human resources Mr Mafunda.
In November of 2008, a meeting to discuss damages was held at NSSA’s lawyers, Atherstone and Cook, and attended by the authority’s human resources manager, Mr Shadaya labour relations officer and Mr Maposa’s legal team.
Negotiations started and the parties agreed in principle on most issues except few areas which NSSA human resources said they wanted to consult their chief executive, board and legal counsel. Mr Maposa was handed a letter to report for duty and this sparked a legal battle.
But a year later, NSSA shifted goal posts and instead ordered Mr Maposa to return to work. Mr Maposa’s lawyers argued that NSSA must not renege on the option it had initially taken to pay damages but revert to the table to finalise damages.
After protracted wrangle, in June last year arbitrator Mr Mugumisi ruled that NSSA had deliberately not complied with the High Court ruling and therefore its offer for Mr Maposa to return to work was not genuine.
Mr Maposa claims that NSSA is being vindictive. He says NSSA has shown typical arrogance and hubris, exploitation and hypocrisy. He says there can never be a “higher case of gross abuse and exploitation and mistreatment of an employee particularly from a public funded organisation which after all has the mandate of looking after workers’ interest”.
He said the torture he has been subjected to by NSSA over the last 13 years is in breach of the Constitution which says that no person may be subjected to physical or psychological torture or to cruel, inhuman or degrading treatment or punishment.
In its application for review, NSSA contends that there were gross irregularities in the proceedings leading to the granting of the judgment by Mr Mugumisi and that the award is grossly unreasonable. The authority claims that Mr Mugumisi was also biased.
The Labour Court is expected to make a determination on the matter soon.