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Fidelis Munyoro Chief Reporter
Harare City Council has once again been exposed after Harare Municipality Workers’ Union (HMWU) chairman Mr Cosmas Bungu won an appeal for reinstatement after a 10-year bruising labour dispute.

Arbitrator Mr Brighton Mudiwa last week ordered council to reinstate Mr Bungu with an option to pay him damages as an alternative, if reinstatement is no longer tenable.

If City of Harare decides to part ways with Mr Bungu, it has to fork out millions of dollars in damages and legal fees incurred by Mr Bungu, whose protracted labour dispute with council started when he was dismissed in 2010.

In his ruling, Mr Mudiwa said while the disciplinary committee was properly constituted, charges against Mr Bungu were preferred outside the proscribed timeframe and firing him was not an option in view of the case.
It was also the view of the arbitrator that Mr Bungu’s dismissal constituted unlawful sacking.

“The respondent is hereby ordered to reinstate the claimant,” said Mr Mudiwa.
“Alternatively, if reinstatement is no longer tenable, parties can negotiate on payment of damages and if parties fail to agree either party can approach the arbitrator for quantification of the award.”

The latest ruling joins numerous other cases that the MDC-run council has been dragged to court by employees and lost, resulting in it paying people that were either at home or doing other jobs elsewhere and generating income.

Mr Bungu was sacked for allegedly breaching council’s code of conduct after allegedly absenting himself from work for more than five days without official leave.

He was also accused of committing an act of dereliction of duty. Mr Bungu unsuccessfully contested his case before the internal disciplinary committee. The matter was referred to an arbitrator, who confirmed council’s decision.
This prompted Mr Bungu to appeal to the Labour Court.