THE Zimbabwe Nurses Association (ZINA) is seeking the reversal of a decision to remove Enock Dongo as a member of the Health Services Bipartite Negotiating Panel (BNP) by the Health Services Board (HSB).
Dongo, the ZINA president, feels he was hoodwinked and forced to resign from being a member of the BNP after he was unilaterally transferred from Sally Mugabe Hospital where he worked as a nurse to the Health Ministry Head Office.
In an urgent chamber filed with the High Court, ZINA and Dongo said they feel the move by the HSB was done frustrate a court challenge he filed last year regarding flexible working hours for nurses.
"However, upon getting there (Ministry head office) it became clear that the transfer was simply meant to nullify his role as the president of the 1st Applicant. He was, therefore, left with no choice but to resign from my employment," reads Dongo's affidavit.
The court application shows that the BNP was established 2006 and its objectives are of engaging in mutual consultations and negotiating salaries, allowances and conditions of service in the health service.
However, according to court papers, Dongo, together with five other members of were appointed to represent the apex panel in the BNP as according to the Health Services Bipartite Negotiating Panel Regulations.
ZINA contends the board orchestrated the dismissal of Dongo from his position as a nurse at Sally Mugabe Hospital in retaliation for an application filed late last year at the High Court.
"This culminated in the 1st applicant bringing a court application for a declarateur as well as an urgent chamber application for an interdict relating to the removal of what is known as the flexible working hours system. An order was subsequently granted in the urgent chamber application.
"On the 19th of January 2021, the 2nd applicant was removed from his position as a nurse at Sally Mugabe Hospital and transferred to work at the Ministry of Health Head Office on less than a 24-hour notice."
ZINA and Dongo are further alleging the HSB took advantage of the dismissal of Dongo to remove him as a member of the apex panel insisting that he was no longer a part of the health services.
"On the 23rd of January, the 2nd applicant, together with other members of the apex panel were called to the respondents' office and given a letter.
The letter stated that because the second applicant had resigned from the health service and was no longer a member, he could no longer be a member of the BNP.
ZINA is demanding that HSB rescind its letter ordering the removal of Dongo as part of the apex panel citing that the order for the apex panel to reconstitute itself was without legal basis.
The matter is pending.