Online Reporter
Ray Bande
Senior Reporter
AN arbitrator has ordered Chipinge Rural District Council to pay US$300 000 in salary arrears and legal costs to an employee who was unfairly dismissed in a protracted labour dispute.
The ruling delivered yesterday (Monday) marks the fifth judgment by different labour tribunals in favour of the claimant, Mr Samuel Chumuriwo.
In his award, arbitrator Mr Owen Hungwe ruled: “Award: I therefore award as follows; Respondent is ordered to honour the court orders and reinstate claimant to his former position without loss of salary and benefits. 2. Respondent is ordered to pay’ claimant US$233 102.55 in salary arrears and US$58 275.64 union dues for the period December 2018 to March 1, 2026. 3. lt is ordered that respondent is engaging in an unfair labour practice. I so award,” reads the copy of the award.
Chipinge RDC chief executive officer, Mr Blessing Mamvosha said he had not seen the latest judgment and declined to comment on the way forward.
“I have not yet gone through the document so I cannot comment on way forward,” he said.
Mr Chumuriwo was employed by Chipinge RDC as a workshop superintendent and was reassigned to the Checheche sub-office as growth point supervisor with effect from October 1, 2018. He objected and lodged a grievance. He proceeded on leave from September 17 to 30, 2018.
He did not report for duty at the new station from October 1 to November 17, 2018, citing illness. The local authority charged him with wilful disobedience of a lawful order and absenteeism.
A disciplinary hearing was held in November 2018 and his employment was terminated in December 2018 following unsuccessful internal appeals.
He then lodged a successful appeal with the exemptions committee of the National Employment Council (NEC) for RDCs. Chipinge RDC appealed to the Labour Court and lost, but did not comply.
Mr Chimuriwo took the matter to arbitration and won, but the respondent again appealed to the Labour Court and lost. The latest award by the arbitrator mirrors all previous judgments in the matter.
