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Zvamaida Murwira Harare Bureau
THE Premier Service Medical Aid Society (PSMAS) yesterday fired suspended managing director Henry Mandishona, who was facing several allegations related to misconduct. This is despite the fact that a labour officer at the Ministry of Public Service, Labour and Social Welfare had started hearing a case in which Mandishona was challenging the decision to discipline him beyond the prescribed 30-day period.

PSMAS board chairperson Jeremiah Bvirindi signed Mandishona’s dismissal letter after the medical insurer convened a hearing last week in the absence of Mandishona and his lawyer who were waiting for a hearing before a ministry labour officer set for tomorrow.

Mandishona could not be reached for comment last night. Bvirindi declined to comment saying he was attending a meeting. The decision to terminate Mandishona’s contract followed a hearing that was done last week led by Harare lawyer, James Mutizwa, in the absence of Mandishona and his lawyer.

Mutizwa was roped in after another lawyer recused himself for professional reasons. The dismissal of Mandishona comes in the wake of industrial action by medical doctors at PSMI clinics who are demanding outstanding salaries that have not been paid for the past five months.

Last week, Mandishona’s lawyer, Innocent Chagonda, wrote to PSMAS warning them that it was irregular for them to proceed with the hearing when the same case was before a labour officer. It was brought to PSMAS’ attention that the labour officer had advised them in their earlier meeting that they were free to raise any objections should they have any during tomorrow’s hearing.

Mandishona was suspended on September 24 and faced an array of allegations that include unilaterally hiking his salary among other alleged mismanagement charges. A source at PSMAS said the decision to dismiss Mandishona would set the stage for a bruising legal battle following his decision to refer the case to a labour officer.

“It appears the decision to dismiss him was meant to pre-empt the hearing before a labour officer whose November 27, 2015, date was mutually agreed by both parties. PSMAS lawyers and Mandishona attended a conciliation meeting before a labour officer before the November 27, 2015, date was mutually agreed,” said the source.

“PSMAS is now expected to justify before the labour officer why they proceeded to make a determination when the labour officer was now seized with the case. Obviously Mandishona’s lawyers would raise the dirty hands principle in the Friday meeting.”

Mandishona has approached the ministry in terms of the Labour Act to have disciplinary proceedings against him stopped, arguing that the PSMAS failed to complete the process within the 30-day period prescribed by the law. In an interview last week, Chagonda said PSMAS lost jurisdiction on Mandishona when it failed to conclude the case.

PSMAS, said Chagonda, could no longer try Mandishona outside the prescribed 30-day period. “In terms of section 101 (6) of the Labour Act Chapter 28:01 either party can refer a case to the Ministry of Public Service should 30 days lapse, and this is what we’ve done. Our argument is PSMAS has lost jurisdiction over my client and this is what we want the Ministry to confirm,” he said.

The government recently made a directive to PSMAS to reinstate Mandishona but the PSMAS board refused saying he should face the music.