Council workers contest expulsion

Daniel Nemukuyu Senior Court Reporter
Lawyers representing 30 Mazowe Rural District Council workers recently fired on notice have challenged their clients’ sacking arguing that public bodies are obliged under the Administrative Justice Act to consult or hear the workers first before taking such administrative decisions. In an application filed at the High Court on Friday, Lawman Chimuriwo Attorneys at Law argued that local authorities and other public bodies did not enjoy a common law right to terminate employment on notice.

“Unlike private entities, local authorities must first consult, give adequate notice and then hear the workers’ views before making any administrative decisions,” he said.

The administrative action was taken as if the respondent was a private entity which is not bound by the Administrative Justice Act or common law rules to administrative justice.

The respondent, by virtue of being a local authority, thus an administrative authority, is bound to comply with the rules of natural justice under common law and the Administrative Justice Act, regardless of the existence of its right to terminate contracts on notice.

“The action taken by the respondent was a result of a material error of law and fact. It was accordingly wrong,” reads the papers.

The workers argued that the termination of their employment at Mazowe Rural Council was done in bad faith as the Minister of Local Government, Public Works and National Housing was also not consulted.

Further, the action was made in bad faith without consulting the minister administering the respondent and the full council.

“The minister is supposed to play an oversight role, especially in matters affecting public policy. He too was excluded from the process,” the workers argued.

They said the process was a way of covering up criminal activities by the bosses as the dismissals targeted those with information and complaints against corruption by the leadership.

“It is unreasonable to terminate contracts of those advocating accountability and leaving the suspects, without any investigations taken,” the workers argued.

The termination, according to the workers, was unfair as it was meant to deprive long-serving employees of their terminal benefits.

The workers want the court to nullify their notices and to order their reinstatement.

They also want an explanation and reasons for the termination of their contracts.

The matter is yet to be set down for hearing at the High Court.