Municipality wants court order set aside

CHITUNGWIZA Municipality has approached the High Court seeking the setting aside of an order compelling council to pay Chitungwiza Municipality Workers Union $39 000 in trade union dues.

High Court Judge Justice Edith Mushore earlier this year presided over a civil matter in which Chitungwiza Municipal Workers Union was suing council over its failure to pay union dues.

On July 27, 2017 the trade union filed a lawsuit claiming $40 863.20 outstanding trade union dues for 568 workers.

The court was misled into believing the local authority owed dues for 568 when it was actually 39 workers.

On behalf of the municipality, Mafunga, Muzembe and Shambamuto Legal Practitioners has filed an application for Rescission of judgment.

“The Applicant’s records after verification reveal that the time period claimed by the Respondent in paragraph 5 of the declaration . . . it only had 39 members as opposed to 568 members as was represented by the Respondent.

“The verification form clearly shows that the amount that was due to the Respondent for deduction of Union dues was $4 545,68.

“In the present circumstances, the Respondent was unjustly enriched by $34 631, 64.

“A further verification process was done and proves that only 39 members exist and the others denounced membership from the respondent,” read the summons.