Teacher sues Masiyephambili College for $32 900

26 Oct, 2014 - 03:10 0 Views

The Sunday News

ONE of Bulawayo’s affluent private schools, Masiyephambili College, is seeing red as property worth over $32 000 will be put under the hammer to compensate a teacher who was unfairly dismissed by the institution.
Mr Sydney Machokoto, who joined the college in 2008, successfully sued Masiyephambili for firing him and was last week granted writ of execution, allowing the Deputy Sheriff to attach property on his behalf.

The court heard that Mr Machokoto was unceremoniously dismissed in January last year prompting him to challenge the move through the courts.

In firing Mr Machokoto, the then headmaster, Mr Ben Moyo, wrote a letter informing him that the school will be terminating his contract on the basis that he was not performing well.

However, the letter of contract termination was issued three months after Mr Machokoto received an award for outstanding performance.

It read: “I note with concern your failure to produce quality results in Accounts in the past two years and regrettably must advise that the college will terminate the contract it has with you at the end of this year.”

Handing the verdict, Bulawayo Labour Court president Justice Evangelista Kabasa found the reason for dismal as invalid as the college had awarded Mr Machokoto certificates of excellence.

“On 1 May 2009, he was appointed the head of department for commercials, a sure vote of confidence in his abilities.

Confirmation of this vote of confidence follows when on 2 February 2010, he was favoured with a letter from the headmaster congratulating him on the performance of 2009 A-Level class in the exam.

“The headmaster was clearly pleased as he went on to write: ‘keep it up’ and was duly rewarded on 18 October 2012 with an award for ‘outstanding performance A-Level Business Studies and Accounting’.”

On that basis, Justice Kabasa directed the complainant to attach and take into execution the movable and immovable property at Masiyephambili College.

She ordered the college to pay Mr Machokoto $28 332 for damages in lieu of reinstatement, clothing allowance of $2 628 and $1 980 for school fees benefit which all adds up to $32 940. Mr Machokoto said he is still sourcing money to pay the Deputy Sheriff so that the property can be attached.

“I have been given a writ of execution and what follows now is to make payments to the Sheriff, so that he can attach property. I am in the process of securing money to pay him,” said Mr Machokoto.

He alleged nepotism, saying when he was fired, the college employed the son of a college official.

“People who are running the school want to create a dynasty where families and their friends come and teach at the school.”

Contacted for comment on the matter, the acting headmaster who only identified himself as a Mr P Dube, refused to shed more light on the matter stating that he was not the school head when Mr Machokoto was fired.

“I am the acting headmaster and I cannot comment on what happened,” said Mr Dube.

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