Eastern Lions director takes Msiska to court

arbitration award in favour of former coach Brenna Msiska at the Labour Court.
The arbitrator had ruled in favour of Msiska, now assistant coach to Moses Chunga at CAPS United, that Mungwari committed an unfair labour practice by failing to honour an agreement they had entered into.
The parties had agreed that Msiska would be given a residential stand and a car if he manages to gain promotion into the Premier League from Division One.
The arbitrator ruled that Msiska be paid US$15 000 for the medium density stand and a car as per agreement.
Mungwari then appealed to the Labour Court arguing that the arbitrator erred in finding him liable in his personal capacity. He said Msiska was employed by a company – Eastern Lions Football Club (Pvt) Ltd.
Mungwari argued the arbitrator erred in piercing the corporate veil and giving an order against one of the directors of the company.
He further argued that the arbitrator erred at arriving at a figure of US$15 000 without leading evidence of quantification, as the cause of action arose during the Zimbabwe dollar era. Mungwari admitted that an appeal to the Labour Court did not suspend an operation of the arbitration award, hence the application for stay of execution pending appeal.
Labour Court president Ms Loice Matanda-Moyo said the major dispute between the parties was who was liable for payment of the stand and car between Mungwari and Eastern Lions Football Club.
Ms Matanda-Moyo said: “When Msiska was employed by Mungwari in 2006, it was clear that Eastern Lions Football Club was not in existence then.
“Eastern Lions Club (Pvt) Ltd was only registered on February 2, 2007 after the respondent had taken it into the Premier League. Msiska was by then in Mungwari’s employ.”
She said upon registration, such an agreement was not transferred to the company and the contract remained between Mungwari and Msiska.
Ms Matanda-Moyo pointed out that it was therefore Mungwari who was liable to settle the terms of the agreement and not Eastern Lions Club (Pvt) Ltd.
“However, applicant has prospects of success on the value of the stand and motor vehicle. It is not clear how the arbitrator came to those values without leading evidence to ascertain the value, and there is a likelihood that the appeal court would come up with a different figure,” she said.
Ms Matanda-Moyo then granted the application for stay of execution by Mungwari.