adminreturned to work after years of absence but did not act, it has been learnt.
Last September, the city was advised by Harare lawyer Mr Alec Muchedahama to reinstate the workers and follow proper procedures in suspending and dismissing them.
“We therefore recommend that you put right all the wrongs that you have committed by reinstating the employees to their jobs with full wages, salaries and benefits and then simultaneously reinstituting the proceedings afresh following proper procedures this time,” advised Mr Muchadehama.
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The recommendation was given in the cases that involved Ms Mercy Musakanda, Mr Desmond Ngaru and Mr Wellington Chaminuka.
That legal opinion has formed the basis of arguments in all subsequent labour cases at Town House. The legal battles have seen council paying out over US$4,5 million to about 317 workers.
Some of the workers have since left council after being paid for years spent at home or moonlighting in South Africa.
Mr Muchadehama advised council that if it had followed proper procedure it could have “easily and conclusively dealt with these employees”.
“We have no doubt at all that these employees committed serious dismissible offences”.
Chamber secretary Mrs Josephine Ncube agreed with Mr Muchadehama’s legal opinion.
“The employees be reinstated to their former positions with effect from the date of their unlawful suspension without loss of salary and benefits . . . City of Harare reinstitutes disciplinary proceedings against the employees,” she had advised the city fathers.
Human Resources director Dr Cainos Chingombe complained to Mrs Ncube that delays in concluding labour cases were costing the city.
In his letter dated May 6, 2010 to Mrs Ncube, Mr Chingombe suggested that council should pay all the employees for the periods they were unfairly treated pending finalisation of their labour cases.
Payments were only effected this year with employees being paid for several months they did not report for work.
There have been calls for disciplinary action against heads of department who failed to bring the workers to book. According to a schedule of payments for the period February 2009 to June 2011, two employees from the chamber secretary’s department were paid US$55 278,83 while 17 employees from the city health department were paid US$274 683,30.
An additional US$40 552,87 was paid out to two employees from the treasury department with 14 employees from the housing and community services department getting US$151 255,96. Thirteen employees from the engineering department were paid US$130 066,67 while 91 employees from the public safety department were paid US$1,4 million.
Twelve employees from the waste management department were paid US$104 145,51 while only one employee from the urban planning services department was paid US$5 078,47.
Peter Tanyanyiwa
Online Reporter