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Mr Maligwa

Manicaland Bureau
MUTARE City Council has been ordered by the Labour Court to reinstate two former senior officials, who were unlawfully dismissed from work on accusation of misconduct. Council has been ordered to reinstate former chamber secretary Mrs Gladys Muneta and human resource manager Mr Aaron Chemvura, who were cleared of misconduct by a disciplinary committee.

In a judgment made on December 15 at the Labour Court under Case Number LC/H/LRA/388 /2017, Mutare City Council was also given an option to pay damages to Mrs Muneta and Mr Chemvura.

“The claimants in this case did not lose employment because they were acquitted and reinstated,” ruled the Labour Court. Parties did not agree on mutual termination of contract. If the first respondent (council) intended to retrench, then the retrenchment procedure should have been followed as provided by the Labour Act.

“In the circumstances, the application for confirmation succeeds and orders as follows: (1)The ruling by labour officer, Mr S Mutasa be and is hereby confirmed, (ii) The first respondent be and is hereby ordered to reinstate the claimants without loss of salaries and benefits from the date of unlawful termination and contract.

“(iii) In the event that reinstatement is no longer an option, the respondent shall pay damages in lieu of reinstatement. The parties may agree on the quantum, failing which either party may approach the Labour Officer for quantification of damages.”

The judgment was made after Mrs Muneta and Mr Chemvura, through their lawyer, Mr Joel Mambara, approached the Labour Court seeking confirmation of their reinstatement, which the council had refused following their acquittal by the disciplinary committee.

A labour officer, on June 27, made a ruling in which council was supposed to reinstate Mrs Muneta and Mr Chemvura without loss of salaries and benefits from the date they were unlawfully dismissed from employment. Irked by the ruling, council opposed the labour officer’s decision, saying the ruling had erred on point of law since termination of the two’s employment was done in terms of the Urban Councils Act and not Labour Act.

Mrs Muneta and Mr Chemvura then approached the Labour Court seeking confirmation of the labour officer’s ruling. The Labour Court confirmed the June 27, 2017 ruling, saying the Labour Act was the principle Act governing labour issues.

“It, therefore, follows that all acts should subsist to the Labour Act in relation to labour matters,” ruled the court. Section 2A(3) of the Labour Act also states that; this Act shall prevail over any other enactments inconsistent with it.” Efforts to get the position of Mutare City Council regarding the reinstatement of the two were fruitless as the town clerk Mr Joshua Maligwa, said he was in a meeting.