ELT Ordered to Reinstate Former Finance Director 6 Years Later

Source from:  Financial Gazette (Harare) February 1, 2006 Kumbirai Mafunda 02/06/2006

THE Labour Court has ordered the Export Leaf Tobacco company (ELT), a subsidiary of British firm BAT, to reinstate Albertina Gwavava, the company's former finance director who was suspended six years ago on 74 counts of fraud. Gwavava hit the headlines in 2000 following her arrest on charges of fraud involving $42 million. Charges against Gwavava were that she had hatched a plan to defraud ELT by allegedly making false invoices and payment vouchers in the name of a company called Kwik Courier, prejudicing her employer of $42 million. ELT immediately suspended her from employment without company benefits. But the High Court cleared Gwavava of the fraud charges, which ELT had levelled against her in July 2005. Soon after her suspension from ELT, Gwavava appealed to the Labour Court charging that the Works Council and the National Employment Council for the Tobacco Industry (NETI) had both erred in upholding her suspension by ELT. In a judgment delivered recently, Labour Court president Lillian Hove ruled that the dismissal of Gwavava from employment was unfair and unlawful and ordered ELT to reinstate Gwavava with no loss of salary or benefits. Hove also ruled that in the event that reinstatement is no longer an option, Gwavava must be paid damages for the premature loss of her employment in lieu of reinstatement. In the event that the two parties fail to agree on the quantum of damages, Hove said either party could approach the court for quantification. Simukai Munja-nganja, the corporate affairs manager at ELT, confirmed the Labour Court judgment and added that his firm was still considering its options. 'We confirm receipt of the judgment handed down on 20th January 2006. The company is currently in consultations with counsel, giving consideration to the judgment with a view to deciding whether or not to exercise our right of appeal within the prescribed time limits,' Munjanganja said. BAT, the world's largest cigarette maker, wholly owns ELT, which buys leaf tobacco from Zimbabwe's auction floors and exports it mainly to BAT group of companies. Enditem