Ex-CEO sues AMG Trust Group

sought the dispute resolution on the dismissal through conciliation by a labour officer. He is alleged to have been unfairly dismissed from work by Mr Gwaradzimba.
Mr Hove also raised the issues of refusal by AMG Trust Group to pay him contractual entitlements such as school fees and allowances.
His dismissal came after differences emerged between him and the chairman during a meeting on December 7, 2010 on issues of corporate governance.
After the meeting, Mr Gwaradzimba immediately wrote an e-mail to Mr Hove giving him notice of termination of employment with immediate effect. Reasons for the unilateral action were never provided and neither was Mr Hove given the chance to respond, it is alleged.
Mr Hove was immediately ordered to go on three months notice and forced to utilise his accrued vacation leave days during period of notice. The labour officer referred the matter to an independent arbitrator, Mr Caleb Mucheche, who issued an award in favour of Mr Hove on October 20, 2011.
Mr Mucheche ruled that the dismissal of Mr Hove was unfair and ordered his reinstatement without loss of salary and benefits with effect from December 7, 2010. In the event that reinstatement was no longer tenable, AMG Trust was ordered to pay damages in lieu of reinstatement.
Following failure to be reinstated, Mr Hove submitted a computation of his damages with the Arbitration Tribunal in Harare, which quantified his damages on December 6, 2011.
Mr Hove said as at the time of the arbitral award, he was entitled to outstanding salary, vacation period, medical aid, pension, fuel, allowances and a car.
All these were contractual obligations in terms of the employment contract.
He also submitted that it will be difficult for him to mitigate the termination of his employment quickly and obtain alternative work within a short period.
Mr Hove said it will take him up to five years to be employed in a suitable position, owing to his circumstances.
He claimed a total of US$325 639 that included 60 months salary, medical aid, pension, 375 litres of fuel per month, and school fees for two children, one at Peterhouse and the other at Lusitania Junior School. The quantified damages were copied to Mr Mucheche and AMG Trust lawyers Chihambakwe, Mutizwa and Partners.
However, AMG Trust filed an application for stay of execution with the High Court, which is premature according to Rule 34 of the Labour Act as the award has not yet been registered with the High Court.
The Labour Act is also specific that an application for stay of execution does not stop or suspend the award from being executed. 
C Kahuni Attorneys are representing Mr Hove.