Kundai Mamoyo was employed as a sub-accountant by an Environmental Non-Governmental Organisation (NGO) called Green Strategies. After a probationary period of three months she was confi rmed as a permanent full-time employee with effect from 1 May 2008. According to her conditions of service she was entitled to 30 days’ vacation leave every year and at the end of each November she would be entitled to an annual bonus of US$1,000·00, which was the equivalent of her monthly salary. On 1 August 2009 she applied for 30 days’ leave to travel to Hong Kong on vacation. Her immediate superior, the accountant signed the leave forms and the Executive Director of the organisation Tamari Ngwarai, who in terms of the organisation’s policies and procedures was supposed to approve all applications for leave by all levels of staff, also signed them. The proposed dates of her vacation were from 1 September until 30 September 2009.A week before she was due to go on leave, she was informed by her immediate boss, the accountant that the Executive Director had decided to revoke Kundai’s leave and that she could not travel to Hong Kong because there was a lot of work that needed to be done in the offi ce. She did however still go on vacation. Upon her return to work on 1 October 2009 she was handed a suspension letter.The disciplinary hearing was convened on 1 November 2009. Kundai was found guilty of being absent from work without leave during the month of September 2009. She was denied her bonus for 2009 and as part of the disciplinary Tribunal’s judgment she was demoted to the position of bookkeeper. Kundai feels a deep sense of grievance over her treatment.Required:In relation to employment law in Zimbabwe, advise Kundai, who desires to obtain relief from the courts over her treatment by the company. (10 marks)
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