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assistant director it dismissed unprocedurally six years ago.
Agribank had dismissed Mr Clemio Machingaifa after the bank abolished the post of assistant director under its restructuring exercise in 2005.
“The Labour Court has ordered the employer, Agribank to reinstate the employee to the position he was in before the unfair labour practice occurred with no loss of salary and benefits,” Labour Court president Mr Custom Kachambwa said.
The court also ruled that if reinstatement is no longer appropriate due to souring of the relationship between the parties, Agribank must pay Machingaifa his salary and benefits.
However, Agribank only paid Machingaifa until May 2008 prompting him to approach the court again to seek a relief.
Machingaifa has since filed an application in the High Court to register his award in a bid to have his 2005 Labour Court order enforced.
However, Agribank represented by its Legal Services manager Mr Nirman Chanaka opposed the claim saying it was Machingaifa who failed to collect his dues and the application must be dismissed with costs.
“It was the applicant who neglected to collect a cheque which was payment for June 2008 and did not give respondent an address to which payment was to be forwarded,” Mr Chanaka said.
He submitted in his affidavit that the bank had complied with the Labour Court order and by June 2006 had paid Machingaifa his full salary and benefits until May 2008.
Mr Chanaka added that the decision by the Labour Court and the arbitrator were not quantified in monetary terms and it was not competent for Machingaifa to apply to the High Court for an order for registration of his award.
Justice Bharat Patel is expected to preside over the case when the High Court opens its second term next month.