The High Court has upheld the expulsion of NSSA General Manager, Elizabeth Chitiga with full benefits before the expiration of her contract.
Mrs Chitiga dragged NSSA to court seeking her reinstatement as general manager until the 30th of June 2019 when her contract was due to expire.
NSSA was represented by Advocate Thabani Mpofu who successfully argued that Mrs Chitiga’s application for reinstatement to the post of General Manager could not be dealt with by the High Court as the position in question is occupied by someone else.
He advised the applicant to seek relief from the Labour Court where she can apply for damages as both parties could not be forced to continue in a relationship against their will.
The court agreed to the submissions by the respondent’s legal counsel and added that even if it were to accede to the argument by Mrs Chitiga that the termination was unlawful, it could not exercise its discretion in favour of the applicant because NSSA had agreed to pay all the benefits of the contract, hence no prejudice at all to the applicant.
The court accordingly dismissed the application and ordered Chitiga to bear the cost of the suit.