A PROMINENT civil society
guru has sued international Non-Governmental Organization, HIVOS for dismissing him on what he terms as frivolous and baseless charges.
William Chilufya was until his dismissal, HIVOS Country Engagement manager in charge of the Voices For Just Climate Action (VCA) Project.
He was fired on July 31, 2023 following an audit and expenditure verification on the VCA project carried out by Zimbabwean nationals, purported staff of an auditing firm, CROWE Zimbabwe.
However, it has now emerged that the said Zimbabweans actually sneaked into the country and illegally carried what they said were auditing works without clearance from the Zambia Institute of Chartered Accountants (ZICA).
“HIVOS also relied on audit reports done by CROWE Zimbabwe, a company not accredited by Zambia Institute of Chartered Accountants which Audit reports were never availed to the Complainant, Chilufya stated in his suit filed with Lusaka High Court Industrial Relations Division this morning.
In his statement of claim Chilufya said unlike Jesus, he was not ready to carry the cross for the sins of others protesting that he had been charged with offenses that would ordinarily be faced by staff in the accounts department.
He explained that on June 12, 2023 HIVOS suspended him from employment for 30 days pending the purported audit.
Chilufya stated that on July 24, 2022 he received a notice for disciplinary hearing and a charge sheet outlining the charges leveled against him and on July 27, 2023 he responded to the charges in writing.
He said he called his colleague Malenga during prior to his suspension.
“I was denied time to obtain the said call records before the hearing could be held. Since I was denied time to get the said call records during the disciplinary hearing, I requested that Malenga brings to the hearing the call records so that I could cross examine him on the said phone call,” Chilufya said.
“The panel hearing refused to bring him saying that the letter was sufficient, regardless of the fact that the letter in question was a photocopy and not an original copy.”
He said before hearing he requested that the proceedings be recorded so that no one would refute what was discussed but, the committee refused and insisted that only minutes of the hearing would be taken which both parties would sign.
Chilufya stated that on July 31, 2023, HIVOS wrote to him indicating that it had found him guilty on some of the charges, and it was resolved that he be summarily dismissed from employment.
He said he appealed against his dismissal but it was on thrown out on August 6, 2023 after which the Regional Director requested he attends a meeting on August 7, 2023 to confer on a separation agreement.
“When I attended the said meeting in attendance was Nana Zulu the Regional Director, Limpo Chinika Country Manager, and Kudakwashe Bhamu Human Resources and Operations Manager where I was asked to consider a separation agreement after the summary dismissal of July 31, 2023,” Chilufya stated.
He said it was agreed that he would be paid a a separation allowance which was agreed at a six months basic salary, leave days and applied gratuity.
“When the said separation agreement was sent to me to sign HIVOS had reduced the amount to two months basic pay from the six months earlier agreed and that is what caused me to refuse to sign the said separation agreement,” Chilufya said.
He stated that he issued the company with a demand letter regarding the damages for unfair, wrongful and unlawful dismissal.
Again we arrived at 6 months offer with leave days and gratuity. Hivos again went back to 2 months.
Chilufya said the company opted for an out of Court settlement but maintained the two months separation allowance.
“I decided to write to Zambia Institute of Chartered Accounts (ZiCA) to verify if CROWE Zimbabwe was accredited here in Zambia to conduct audits, having in mind that it is the said accounting firm that conducted an audit which the Respondents herein relied on the findings to dismiss me from employment,”he said.
“HIVOS decided to dismiss me based on an illegal audit which was never even availed to me. The Respondent dismissed me on unfounded allegations which should have been directed to the accounts personnel.”
He contended that his professional and personal reputation has been injured by the HIVOS and it is difficult for him to secure employment in his field of specialization.
“HIVOS regional Director Nana Zulu has continued to defame me to persons in organizations that could potentially employ me , as she has been going around telling them that I was fired because I was involved in fraudulent activities whilst at HIVOS which allegations were not substantiated,” said Chilufya.
“I have suffered pain and mental anguish as a result of the respondent’s actions.”
He is seeking a declaration that HIVOS unfairly and unlawfully dismissed him.
Chilufya also wants damages for unfair, wrongful and unlawful dismissal and damages for mental anguish.
By Mwaka Ndawa
Kalemba March 7, 2024.
