Published by the government of Zimbabwe
28 October 2009
Harare — A Marondera student nurse who was suspended and failed to write her final examinations in March for alleged misconduct has taken the Ministry of Health and Child Welfare to the High Court for unfair labour practice.
Ms Gumisai Jane Hanembuya had paid for her diploma in general nursing examinations when she was barred from writing for alleged misconduct, but says to date the one-month suspension had never been extended or lifted.
Through her lawyer, Mr Charles Chikore of C Mutsahuni Chikore law firm, Ms Hanembuya last week filed a court application seeking an order compelling the Ministry of Health and Child Welfare to allow her to complete her studies using the examination fees she had already paid.
She also seeks an order declaring the suspension and denial to write exams illegal and a nullity.
In the application, Ms Hanembuya cited the minister, permanent secretary, Health Services Board chairman, Marondera medical director, provincial nursing officer, human resources officer and the provincial medical superintendent as respondents.
Ms Hanembuya enrolled at Marondera School of Nursing in 2006 and completed her courses before registering to sit for the final exams in March.
She paid US$550 on February 2 this year and was supposed to sit for the two papers on March 12 and 13.
On March 10, Ms Hanembuya was served with a suspension letter stating that she would be on suspension from March 10 to April 21.
She failed to write the exams and the suspension was never lifted and neither was she summoned for a disciplinary hearing.
"Up to now the suspension was not extended and the matter was never determined. The respondents have denied me my right to resume my duties in terms of the suspension letter.
"The suspension was merely calculated at victimising me and was done to make sure I did not write my examinations," she said.
She said the alleged misconduct is said to have been committed eight months before the suspension date.
Ms Hanembuya described the allegations as "unfounded" and should not be used to ruin her nursing career.
She said the ministry and its officials were all in breach of an agreement they entered with her when she enrolled for the studies.
According to the agreement, she said, when six weeks lapsed without appearing before a hearing she should be reinstated and be allowed to write the exams.
The application is yet to be set down for hearing in the High Court.
Be the first to Write a Comment!
Copyright © 2009 The Herald. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). To contact the copyright holder directly for corrections — or for permission to republish or make other authorized use of this material, click here.
AllAfrica aggregates and indexes content from over 125 African news organizations, plus more than 200 other sources, who are responsible for their own reporting and views. Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica.
