Online Reporter
Herald Reporter
HARARE City Council has been ordered to pay more than US$73 000 in unpaid wages and benefits to its former Rufaro Marketing (Pvt) Ltd chief executive officer, Mr Daniel Mutiwadirwa, after the High Court confirmed two arbitral awards issued in his favour last year.
The ruling follows the registration of arbitral awards handed down by independent arbitrator Ms Linnet Mvududu in March and November 2024, which found that Mutiwadirwa was entitled to outstanding remuneration and allowances following what he alleged to be unfair dismissal.
Mr Mutiwadirwa had been employed by Harare City Council, initially as a finance executive before being promoted to chief executive of Rufaro Marketing.
He was suspended without pay or benefits in January 2023 and later dismissed on May 12, 2023, after being found guilty of misconduct.
Following his dismissal, Mr Mutiwadirwa lodged a complaint of unfair labour practices against the council with a labour officer.
After conciliation efforts failed, the matter was referred to voluntary arbitration.
In her March 2024 ruling, arbitrator Ms Mvududu ordered that Mr Mutiwadirwa be paid US$5 300 in unpaid wages for January 2023, as well as US$14 437 in outstanding benefits, including housing and school fees allowances.
She further directed that the parties agree on the value of a company vehicle that had not been delivered to him.
When the two parties failed to reach an agreement on the value of the vehicle, Mutiwadirwa returned to the arbitrator for quantification.
In a second ruling issued on November 5, 2024, Ms Mvududu ordered Harare City Council to pay him US$54 000 as the value of the outstanding vehicle within 30 days.
Mutiwadirwa subsequently approached the High Court seeking to register the arbitral awards in order to enforce payment.
However, the council opposed the application, arguing that the awards were employment-related and therefore outside the High Court’s jurisdiction.
The council also claimed that the awards were contrary to Zimbabwe’s public policy and should not be enforced.
In his judgment, Justice Christopher Dube-Banda dismissed the council’s objections and confirmed the High Court’s jurisdiction under the Labour Act to register arbitral awards arising from employment disputes.
“This court is the High Court referred to in s 98(14),” ruled Justice Dube-Banda.
