Council loses $3,5m labour case

Walter Mswazie Masvingo Correspondent
MASVINGO City Council’s cash-flow challenges are likely to continue after the local authority lost an appeal against its workers who were awarded $3,5 million in outstanding salaries for the lower grades.

Council, according to papers, had its case against a $3,5 million arbitration award dismissed by the Labour Court citing lack of merit in the appeal papers early this week.

The Labour Court first ruled in favour of the council workers in 2011 and the salary increment was to be backdated to 2008. The workers through the Zimbabwe Urban Council Workers’ Union approached the High Court after their employer showed little intention of honouring the Labour Court directive.

The Deputy Sheriff’s office, acting on the instructions of the High Court, attached council property which includes the Mayor’s official Mercedes Benz, graders, tippers and refuse collection trucks among other movable property, with a view to dispose them and raise the workers’ outstanding salaries.

Council workers were represented by Rogers Matsikidze while the local authority was represented by Advocate Tembinkosi Magwalimba. Labour Judge, Justice Euna Makamure, who presided over the matter said:

“As noted above, the provisions of the Act are clear. They need no interpretation. Before the merits of the matter are considered; the grounds of appeal are the first port of call. Where the grounds of appeal raise no question of law, there is no basis for a court to consider the merit of such case.

“In view of the foregoing the appeal has not been properly done before the court therefore the matter is hereby struck off the roll.”

In an interview, Town Clerk Adolph Gusha said it is unfortunate that their appeal had been thrown away.

He said they were going to appeal against the verdict.

“I can confirm that our appeal to the Labour Court was dismissed, but we’re very much ready to make yet another appeal against the decision.

“We will liase with our defence counsel so that we make another attempt,” said Gusha.

Since the attachment of the council vehicles, Masvingo City has reportedly blown close to $1 million in vehicle hiring fees from the CMED.

This has resulted in service delivery sinking to an all time low since its refuse trucks, save for one, were also auctioned.

Inside sources said the cash-strapped city council forks out about $12,000 every week to hire vehicles from CMED.

Said a source: “I, however, believe things will soon slightly improve because council received a nod from councillors to purchase vehicles for its top management as most of them, including the Mayor, Clr Hubert Fidze, were using hired vehicles.”

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