ZimEye editor Simba Chikanza loses ‘unfair dismissal’ claim against Al Jazeera

LONDON – An attempt by ZimEye editor Simbarashe Chikanza to sue Al Jazeera Media Network for unfair dismissal was thrown out after a tribunal judge ruled that he was never employed by the organisation.

The decision, handed down on 26 August 2024, by an employment tribunal judge, ruled that Chikanza was not employed by Al Jazeera in a manner that would entitle him to bring an unfair dismissal claim.

According to documents seen by Nehanda Radio, Chikanza was contracted as a “research consultant” and paid £1000 a month for six months by Al Jazeera to help with the Gold Mafia documentary series.

“This arrangement continued beyond six months until the programme, by then called Gold Mafia, was finished,” Judge Anderson noted.

“The email of the 6 July 2021 is the earliest document before me evidencing that the respondent paid the claimant for services.

“Invoices are included in the bundle starting from June 2021, from Media Origins Limited (the claimant’s company) to the respondent.

“The description of the service billed for is ‘Special Consultancy Work’. Invoices continue until March 2023.”

“In March 2023 the claimant became concerned that a man called Hopewell Chin’ono (Zimbabwean journalist) was being asked to comment on the Gold Mafia programme on the respondent’s network.

“The claimant (Chikanza) was unhappy with this as he believed Mr Chin’ono to be a corrupt person.

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“Mr (Alex) Crutcher (producer for Al Jazeera’s Investigative Unit) said that he asked the claimant not to attack Mr Chin’ono on the claimant’s own social media platform as those attacks were implying that Mr Chin’ono was involved in the Gold Mafia.

“This was not (in Mr Crutcher’s opinion) the case, and Mr Crutcher believed this to be distracting from the bigger message of the programme about significant corruption,” the judge noted.

“Mr Crutcher confirmed to Phil Rees of the respondent by email on 7 June 2023 that the last invoice from the claimant was for April 2023 representing the claimant’s final contribution to the Gold Mafia project.”

“In September 2023 the claimant asked Mr Crutcher if he could send an invoice for work in August 2023. Mr Crutcher replied that he could not as the respondent had not commissioned work.

“A conversation by WhatsApp ensued with the claimant asking for payment for expenses for travel and Mr Crutcher refusing,” the judge summarized.

Chikanza’s claim centred on what he described as a “last straw” act of constructive dismissal, which he alleged took place in April 2023 after a series of incidents spanning several months.

He formally lodged his claim on February 29, 2024, following early conciliation efforts between December 2023 and January 2024. The hearing was held in South London on 29 July 2024.

Al Jazeera however argued that Chikanza had never been an employee and therefore was not entitled to bring a claim of unfair dismissal.

The media organization further asserted that the claim was out of time, as it fell outside the statutory period for filing such claims.

During the three-hour preliminary hearing, the tribunal considered three main issues:

• Whether Chikanza was an employee or worker of Al Jazeera, and thus eligible to bring the claim.
• Whether the claims had been submitted within the appropriate time limits.
• Chikanza’s application to strike out Al Jazeera’s defense.
• Ultimately, the tribunal found that Chikanza’s employment status disqualified him from pursuing the case, and the claim was dismissed.

The ruling concludes Chikanza’s legal attempt to seek recourse against Al Jazeera for what he claimed was a case of unfair treatment leading to his “departure” from the organization.