Telecel loses bid to repossess Prado from former director

when he was still in the employ of the company.
Mr Omar had his contract terminated in February last year in connection with the case in which Telecel lost at least US$700 000 in an airtime scandal.
He was once arrested on fraud allegations together with the company’s chairperson Dr Jane Mutasa, but were set free after the Attorney-General declined to prosecute them.
Telecel filed an application clai-ming back the vehicle Omar was allocated during his employment.
Judge President George Chiweshe on Wednesday dismissed with costs an application by the network service provider on the basis that the High Court had no jurisdiction to hear the matter. In a judgment Justice Chiweshe said the firm had wrongly filed the application to the High Court when the Labour Act empowers the Labour Court to handle such cases.
“I am satisfied that the Labour Court has exclusive jurisdiction to hear and determine in the first instance, any application or appeal where the cause of action has been specifically provided for in the Labour Act and for which a remedy is also provided in the same Act.
“Accordingly, I hold that this court has no jurisdiction to hear this application.
“It is thereby ordered that the application be and is hereby dismissed with costs,” said Justice Chiweshe.
Mr Omar was employed as commercial director for Telecel until February 5 when he was dismissed after a disciplinary hearing.
He has since appealed against the dismissal at the Labour Court and the matter is still pending.
Telecel, through its lawyer Mr Godfrey Mamvura of Scanlen and Holderness was seeking to repossess the vehicle on the basis that despite the noting of the appeal, Mr Omar was no longer the company’s employee.
According to Telecel, the appeal noted by Mr Omar did not have an effect of suspending the judgment already passed.
Opposing the application, Mr Omar said the High Court had no jurisdiction to hear and determine the matter.
Only the Labour Court, according to Mr Omar’s response, could deal with such a case and that the High Court was a wrong forum.