Coun­cil to pay Man­dizha $760k

The Herald (Zimbabwe) - - National News - Daniel Ne­mukuyu Se­nior Court Re­porter

HARARE City Coun­cil has been or­dered to re­in­state its f i nance di­rec­tor Mr Jus­tice Man­dizha to his po­si­tion or pay him $760 000 in dam­ages.

Labour Court judge Jus­tice Lawrence Murasi con­firmed the de­ci­sion reached by labour of­fi­cer Mr Faith Mu­pangami, who found that Mr Man­dizha’s con­tract of em­ploy­ment had been ter­mi­nated un­law­fully.

This was af­ter Mr Mu­pangami had taken the mat­ter to the Labour Court seek­ing con­fir­ma­tion of his de­ci­sion. Coun­cil and Mr Man­dizha were listed as first and sec­ond re­spon­dents re­spec­tively in the ap­pli­ca­tion .

Top labour lawyer Mr Rodgers Mat­sikidze of Mat­sikidze & Mucheche law firm rep­re­sented Mr Man­dizha while Mr Charles Kwaramba of Mbidzo, Muchade­hama and Makoni acted for the lo­cal author­ity. Jus­tice Murasi did not find fault with the de­ci­sion of the labour of­fi­cer.

“The draft rul­ing of Mr Mu­pangami dated May 16, 2017 be and is hereby con­firmed.

“First re­spon­dent (coun­cil) is hereby or­dered to re­in­state sec­ond re­spon­dent’s (Mr Man­dizha) with­out loss of salary and ben­e­fits with ef­fect from the date of dis­missal. Re­in­state­ment should be com­plied with, ef­fec­tive from 30 days from the date of this or­der.

“If re­in­state­ment is no longer pos­si­ble, first re­spon­dent be and is hereby or­dered to pay to sec­ond re­spon­dent for the un­ex­pired term of the con­tract.

“The sums of money to be paid to sec­ond re­spon­dent shall be agreed upon by the par­ties, fail­ure of which ei­ther party may ap­proach the court for quan­tifi­ca­tion,” reads the op­er­a­tive part of the judg­ment.

Coun­cil was or­dered to pay costs of the claim. On May 18, 2016, coun­cil wrote to Mr Man­dizha ter­mi­nat­ing his con­tract of em­ploy­ment.

The fol­low­ing day, Mr Man­dizha re­sponded, seek­ing clar­i­fi­ca­tion of the rea­sons for dis­missal. Mr Man­dizha irked by the con­duct of the em­ployer, took the mat­ter to a labour of­fi­cer, who ruled in his favour.

Mr Man­dizha was re­port­edly fired for fail­ing to steer the city out of debt and not do­ing enough to re­duce bal­loon­ing salary ar­rears.

How­ever, Mr Man­dizha ar­gued that his dis­missal was un­law­ful on the ba­sis that no proper as­sess­ment or eval­u­a­tion of his con­tract of em­ploy­ment was ever done.

He said the com­pen­sa­tion should be $760 000 and other ben­e­fits. Mr Man­dizha joined Harare last year af­ter a short stint with Cash­flow So­lu­tions (Pvt) Lim­ited, im­me­di­ately af­ter his ten­ure with the United Na­tions, where he gained most of his work­ing ex­pe­ri­ence.

He worked with the United Na­tions World Food Pro­gramme (WFP) and the United Na­tions Food and Agri­cul­ture Or­gan­i­sa­tion (FAO) be­fore land­ing the coun­cil post.

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