admin
Daniel Nemukuyu, Senior Reporter
The High Court on Friday ordered the release four Bindura University buses that were attached by the deputy sheriff to recover US$140 000 labour damages awarded to a former bursar. A former school bursar, Mr Norman Hadzirabwi, got the award for unfair labour practice
and the university failed to pay the US$140 000 resulting in the deputy sheriff attaching the property.
While the property now faced the hammer, the university’s lawyers Mr Itai Ndudzo and Mr Stephen Zvinavakobvu of Mutamangira and Associates filed an urgent chamber application to stop the sale.
Justice Chinembiri Bhunu granted the order by consent of both parties.
He, however, ordered Bindura University to first pay costs incurred by Mr Hadzirabwi in execution of the order to the tune of US$15 000.
“It is ordered that pending determination of the application for rescission in case number HC10411/13, the first and second respondent (Mr Hadzirabwi and the deputy sheriff) be and are hereby ordered to forthwith stay the execution of the order granted by this Honourable Court in case number HC3378/13.
“The second respondent be and is hereby ordered to release the assets of the applicant already removed in execution of the order granted by this Honourable Court in case number HC3378/13 upon the payment of costs incurred in execution.
“Applicant is hereby ordered to forthwith pay the first respondent the sum of US$15 000,” ruled the court.
When the buses were attached the university students had to walk some kilometers to the campus to write their end of semester examinations.
The buses were attached on November 14 after the university’s former bursar Norman Hadzirabwi won a labour case against the institution.
Harare lawyer Mr Albert Chambati acted for Mr Hadzirabwi.
Mr Hadzirabwi was employed as a bursar between 2003 and 2008.
After his contract expired, the university approached him and asked him to continue working as they were still looking for a replacement.
Hadzirabwi was then made to sign three rolling months’ contracts for a period of two years before he was asked to leave in 2010.
Hadzirabwi negotiated for damages with the university, arguing when the university renewed his contract for two years, they created a legitimate expectation that he would remain on the job for five years.
Both the Labour Court and the arbitrator ruled that Hadzirabwi should be compensated for the remaining three years, but the university refused to oblige, leading to the attachment of the properties.
Online Reporter