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Municipal Reporter
A DESPERATE bid by embattled Harare City Council human capital director Dr Cainos Chingombe to return to Town House has failed after the Labour Court dismissed with costs his latest application challenging his dismissal.
In a ruling delivered on Monday, Labour Court judge Justice Godfrey Musariri said the dismissal of Dr Chingombe from work was not a wrongful termination which calls for reinstatement.
Justice Musariri said council, as the employer, decided to fulfil its contractual obligations in full and pay out the full contract that ran to November 2026 in one payment.
It then advised Dr Chingombe that he should just go as the council did not want him to fulfil his side of the same contract.
“In other words, instead of paying the employee on a monthly basis up to November 2026, the employer decided to pay up all dues payable to the employee.
“Instead of getting quid pro quo in the form of the employee’s services, the employer graciously waived the services,” reads part of his judgement.
Justice Musariri said the application by Dr Chingombe amounted to compelling “this court to force respondents to provide him with work”.
“An employer is not obliged to provide an employee with work. The employer is entitled to receive service from an employee,” reads the judgement.
“An employer can properly waive its entitlement to an employee’s services provided it pays the salaries due for the duration of the contract of employment.”
Justice Musariri said the argument that the employee was denied the right to be heard did not apply in this case as he was paid out in full. It only applies when the employee was not heard where his interests are adversely affected.
In the case of Dr Chingombe, all the employee’s rights under the employment contract had been tendered.
“It is therefore concluded that the present application for review was misconceived and ought to be dismissed.
“Wherefore it is ordered that the application for review be and is hereby dismissed and each party shall bear its own costs.”A DESPERATE bid by embattled Harare City Council human capital director Dr Cainos Chingombe to return to Town House has failed after the Labour Court dismissed with costs his latest application challenging his dismissal.
Dr Chingombe was suspended in 2017, before being reinstated in November 2020 and subsequently paid off when his contract was bought out by the council a few months later, a move he has been challenging.
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