Judgment in Mushore case reserved

Herald Reporters
The Labour Court has reserved judgment in the matter between Harare City Council and former NMBZ Bank chief executive Mr James Mushore who wants the city to pay him his salary and benefits after the local authority appointed him town clerk on April 1, 2016 before sending him on forced leave a week later.

Mr Mushore signed a two-year contract with Harare City Council before being sent on forced leave a week later after Government rescinded the appointment on the basis that the appointment went against the Urban Councils Act.

According to the law in question, council was supposed to submit the names of three candidates to the Local Government Board for approval.

Council had spurned its parent ministry’s advice that Mr Mushore’s appointment was illegal and rushed to appoint him town clerk.

According to his contract, Mr Mushore was entitled to a monthly salary of $10 475.

When council cancelled his contract last year, the city owed him $165 000 in salary and benefits.

Mr Mushore approached the High Court in 2016 after the then Acting Mayor Clr Chris Mbanga locked him out of his office.

Although the High Court dismissed his application with costs, it ruled that he was entitled to his salary and benefits and that he was not suspended. In October 2016, Mr Mushore’s lawyers – Gill, Godlonton and Gerrans – wrote to the city council demanding that it pays him a salary.

At that time, his salary arrears were just over $70 000. After failing to agree with the city, Mr Mushore approached the Labour Court for recourse. Mr Mushore could have pocketed a cool $251 400 if council had continued employing him.

The city was recently ordered to reinstate its finance director Mr Justice Mandizha to his position or pay him $760 000 in damages after unlawfully terminating his contract of employment.

In Mr Mandizha’s case, Labour Court judge Justice Lawrence Murasi confirmed the decision reached by labour officer Mr Faith Mupangami, who found that Mr Mandizha’s contract of employment had been terminated unlawfully.