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The High Court upheld most of the lower court’s ruling, confirming unlawful dismissal findings, rejecting reinstatement, and awarding compensation based on net salary and suspension pay.
The mediation agreement of 17/06/2022, signed by both parties and the mediator, resolves all issues submitted to the court, and under Article 241 of Law No 22/2018, such an agreement is binding and concludes the case without further proceedings.
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The Supreme Court upheld the dismissal of Vuzimpundu’s appeal in part, finding the administrative claim admissible but confirming the dismissal for refusal to take the required oath.
The Supreme Court held that only the first administrative appeal is considered for purposes of calculating the time limit to file a claim. Gakwaya's administrative appeal was lodged on 25 September 2008, and he did not receive a response within two months, so the six-month period to file a claim began to run from that date. Gakwaya filed his claim after the expiry of this period, making his claim inadmissible under the law.
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