Firing of Public Hospitals' Chief Executives, in Zimbabwe, by the Ministry of Health, unconscionable
Surely, it is impossible for all these people to fail to deliver as expected of them or to be corrupt. Yes! one or two might be mediocre Chief Executives or engaged in corruption, but surely not all of them...Even if it is about not being subservient to the main employer, one or two would follow the instructions, as directed by their main employer. Or is it about the strike engaged in by the health workers?.
Even so, there appear to be no sufficient grounds for firing all these people. Those people are not like a group of cabinet ministers who make up a cabinet of a ruling government, that it can be disbanded by the President using his prerogative powers, derived from the constitution. These are individuals whose performances differ markedly, although they work for the same department, (Ministry of Health), it is unlikely that they may all contribute to the retrogression of the department of health. People in such authority, cannot be fired at the same time. And that ground given or reason (restructuring), amounts to unfair dismissal. My prediction is that they will challenge or will seek legal recourse for that unfair dismissal. And the results will be in their favour. The authority that made that decision, acted in an illegal and irrational manner. Therefore, the plaintiffs will seek to be reinstated and be paid all their monies that they were supposed to earn, had they been working as usual.
Furthermore, the plaintiffs might sue for the distress caused by the impromptu, unreasonable, unjust or unconscionable dismissal from their positions. Yes!, we all want to see efficiency in the delivering the health services by the Ministry of Health, but we are not for unfairness or injustice against any health worker. This is my own legal reasoning, as a neutral, in as far as this issue is concerned. (no fear no favour)
Njabulo.libertyatliberty at gmail dot com. (Diploma Ed, BA degree, Bachelor of Laws Hons degree LLLB Hons), LPC & Master of Laws - Legal Practice (LLM Degree).
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