Mutare to pay sacked workers

MUTARE City Council was recently ordered to pay 12 employees who were unceremoniously fired in 2012.

The local authority was ordered to pay the affected employees’ salaries and damages 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 US$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 is duly signed by the Arbitrator, Dr N.A Mutongoreni which is dated August 4, 2017. Wherein the following order was made:

“1. That the Claimants be paid three years’ salary damages which translates to US$10 500 each.

“2. In total the Claimants should be paid US$12 720 as damages by August 31, 2017.

“3. That both parties share the costs of this arbitration.

“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. The respondent remains indebted to the applicants as per award,” reads part of the application prepared by Mr Chabuka on behalf of the 12.

Mutare Town Clerk, Mr Joshua Maligwa, could not comment on the matter yesterday, 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 workstations within the city council, but they were turned away.

Irked by the city council’s actions, the 12 through their legal practitioners wrote to their former employer 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.