admincharges of misconduct.
Japhet Kabanga was suspended from duty in terms of Section 139.3(a) of the Urban Councils Act on May 27, 2010 on allegations of misconduct.
The town’s acting mayor Tinashe Madamombe later reinstated Mr Kabanga on August 31 the same year, pending disciplinary proceedings.
The reinstatement was simply made to allow council to correct procedural irregularities and prefer additional charges against Mr Kabanga as he was served with a fresh suspension letter a few hours after the initial suspension was lifted.
Aggrieved by the council decision, Mr Kabanga approached the Labour Court seeking a review of the second suspension.
But in her ruling Labour Court president Ms Beatrice Chivizhe dismissed with costs Mr Kabanga’s application for lack of merit.
Ms Chivizhe pointed out that the issue was whether the local authority was entitled to bring additional and amplified charges in re-suspending Mr Kabanga.
She accepted council’s submission on this point that it was within its right to do so.
“Having found that the original suspension was a nullity on the basis of procedural irregularities, the employer had an option to re-suspend on the same grounds,” said Ms Chivizhe.
Mr Kabanga had argued that by suspending him on amplified and additional charges, the local authority demonstrated bias and incompetence.
He further argued that the council had prejudged the matter as the acting mayor was heard expressing a definite opinion on the outcome of the matter.
Bindura council, in its counter-submissions argued that Mr Kabanga’s application for review was improperly before the court because the proceedings for which a review was being sought had not yet been completed.
The local authority contented that Section 16 (1) of the Labour Court Rules 2006, Statutory 15 of 2006 was very clear that a party should seek review of proceedings within 21 days of the conclusion of the proceedings.
The application was therefore premature, as Mr Kabanga had not yet been summoned for the disciplinary hearing.
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