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Daniel Nemukuyu Senior Court Reporter
POWERTEL Communications has been ordered to reinstate fired financial director Mr Warner Mtisi after finding his dismissal to be unlawful.
Mr Mtisi was fired a few days before Powertel signed a contract to employ Dr Denford Magaya as a consultant on a hefty package.
His dismissal had been linked to his contesting the decision to hire Dr Magaya as a business strategist consultant on a kucrative package.

According to the court papers, Mr Mtisi was fired on September 5 2012 on allegations of disregarding the procurement procedure in awarding contracts to Yarncase Investments.

He was also convicted by the company for flouting tender procedures in renewing business for civil works for two companies, Zebra Contracting and Vicemode Investments.

Mr Mtisi successfully appealed against the decision before an arbitrator and an order for reinstatement was issued.
Aggrieved by the finding, Powertel appealed to the Labour Court, a challenge that was thrown out on Friday by Justice Lilian Hove.
Justice Hove ruled that the arbitrator’s decision was correct and that Mr Mtisi should go back to work.

“This court is sitting as an appeal court.
“I find no unreasonableness in the decision and the appeal is thus improperly before the court.

“The appellant has failed to establish that the award was grossly unreasonable,” ruled the judge.
Top labour lawyer Mr Caleb Mucheche of Matsikidze and Mucheche Legal Practitioners, represented Mr Mtisi while Advocate Lewis Uriri acted for Powertel.

Meanwhile, Mr Mtisi has obtained a writ of execution to recover outstanding salaries and benefits to the tune of US$99 000.
He will now attach movable property from Powertel’s 10th Floor offices at Joina City in Harare to recover the money. He is also entitled to damages in the region of US$150 000.

In a related case handled by the High Court in Harare, Mr Mtisi won the battle to possess and use a Toyota Prado vehicle, a laptop computer and an iPad that he had been using at the time of his employment.

Justice Joseph Takuva ruled that since the Labour Court ordered Mr Mtisi’s reinstatement, he was entitled to possession and use of the property.

Justice Takuva dismissed an application by Powertel to seize the property from Mr Mtisi.
On the property dispute Powertel was being represented by Mr Tawanda Nyamasoka of Artherstone and CS))ook while Mr Mucheche again appeared for the winning side.