Former employee sues Chitungwiza

his former employer to court claiming US$36 000 in damages for alleged abuse of a vehicle awarded to him by the Labour Court.
Mr Matanhike was awarded a Nissan Wo-lf double cab truck four years ago, but the council allegedly refused to release the car.
He alternatively wants the court to order the municipality to replace the vehicle he claims council unlawfully used.
The council, he claims, only handed over the vehicle as a wreck, 34 months after he was awarded the vehicle.
However, Chitungwiza Municipality in its response urged the court not to entertain Mr Matanhike’s application.
“He was a deputy chamber secretary occasionally appointed as town clerk and applicant (Matanhike) has no audience in court,” stated the municipality in its urgent chamber application filed at the High Court.
Muskwe and Associates law firm is acting for the municipality in the case.
The council averred the case should not be heard because Mr Matanhike failed to prosecute his claim within three years in terms of the Prescription Act.
“The court should refuse the application with costs on a higher scale given the gross abuse of the court process by applicant (Mr Matanhike) has embarked on,” the municipality stated.
Mr Matanhike who also doubled as acting town clerk sometimes, claims that the council suspended him on allegations of misconduct in December 2005.
He was fired on the recommendations of a disciplinary committee, which probed him over a charge of misconduct. However, Mr Matanhike argues that the Local Government Board declined to dismiss him and ordered his reinstatement without loss of salary and benefits.
“The municipality refused to reinstate and offered to buy me out. It appointed Manase and Manase Legal Practitioners to negotiate with me on an amicable separation package,” he submitted.
However, on May 18, 2007 negotiations commenced and an agreement on the quantum of package was concluded on November 30, 2007 and he was awarded a Nissan Wolf double cab, argues the former chamber secretary.
Mr Matanhike says after this arbitration award, the municipality unsuccessfully appealed against the award at the Labour Court.
“Even after losing its appeal respondent (Chitungwiza municipality) resisted for a long time to comply with the Labour Court judgment,” he says.
Mr Matanhike further argues that since November 30, 2007 the municipality refused to hand over the vehicle.
“I made frantic efforts from the date of the order to August 6, 2010 to have the vehicle handed over to me but my efforts came to naught.”
According to Matanhike, the vehicle which was bought on 2007 had travelled 280 000 km during the period between November 2007 and August 6, 2010.
Mr Matanhike says he took the vehicle to the Automobile Association to establish its book value. He also claims that he went to Amalgamated Motor Corporation to find out the cost of a new Nissan Wolf double cab and was given a quotation US$35 977.
Mr Matanhike further claims that the vehicle has since depreciated by US$39 200 because of the misuse.