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Nyore Madzianike Manicaland Bureau
MUTARE City Council was recently ordered to pay 12 employees, who were unceremoniously fired in 2012 their salaries and damages amounting to a combined nearly $153 000 that accrued over the period they were not in employment. This follows a High Court order on August 4, which compels the city council to comply with the decision made by an independent arbitrator, Dr Noah Ariel Mutongoreni, to pay the employees or reinstate them.

Each fired employee is set to receive about $12 720 in damages. The 12 are Timothy Foya, Charles Mugido, Abigail Nyamupenza, Catherine Kaduzura, Steven Machona, Rose Makamba, Lucia Chimwaza, Anna Mutenha, Precious Jeza, Mavis Jameza, Faustina Mberi and Stenly Musiyarira. Through their lawyer, Mr Simon Chabuka of Magaya-Mandizvidza Legal Practitioners, the 12 have since made an application to the High Court for registration of their arbitral award. The application was made under case No.HC9737/17. Applicants obtained an Arbitration Award which was duly signed by the Arbitrator, Dr N.A Mutongoreni and dated August 4, 2017.

“The Respondent, being aware of the Arbitration Award has failed, refused and or neglected to pay, thus I humbly pray for the registration of the attached Arbitration Award for enforcement purposes,” read part of the application at the High Court prepared by Mr Chabuka on behalf of the 12.

“The respondent remains indebted to the applicants as per award.” Mutare Town Clerk Mr Joshua Maligwa refused to comment saying he was in a meeting. The 12 were employed as contract workers in various capacities from 2010 until sometime in June 2012 when their terms of employment were unlawfully terminated.

All the 12 were accused of assaulting Councillor Pamela Mutare in 2012. They then approached the court seeking recourse before an award was issued in their favour on December 27, 2012. The order called for their reinstatement or that they be paid damages if giving them back their contracts was untenable.

On January 3, 2013, they reported for work at their respective work stations within the city council, but they were turned away. Irked by the city council’s actions, the 12 through, their legal practitioners wrote to the council asking why it was failing to comply with the order. Council responded saying they were supposed to wait for the Labour Court’s decision since they had appealed against the Arbitrator’s decision. Mutare City Council’s appeal against Dr Mutongoreni’s decision was dismissed by Labour Court Judge, Justice Lillian Kudya on January 27, this year for lack of merit and the Arbitrator’s decision was upheld. The court’s decision to dismiss the council’s appeal came after noting that the employees were unfairly dismissed. Council is said to have failed to abide by the order, which forced the 12 former workers to make an application for registration of the arbitral award.