Kwekwe Council wins labour dispute

Kwekwe Council wins labour dispute
Published: 19 October 2017
Kwekwe City Council has won a 16-year-old labour dispute against its former employee Dr Alva Senderayi after the Supreme Court quashed the High Court decision declaring his sacking as illegal. The superior court ruling last week means the council has been saved from parting with a fortune running into thousands of dollars in salaries and benefits for Dr Senderayi, its former director of health services.

Dr Senderayi was dismissed as the council's part-time director of health services in 2001 after being accused of spending more time on his private practice than at council clinics. He won his case at the High Court after Justice Loice Matanda-Moyo ruled in July 2014 that he was illegally dismissed from work. But Chief Justice Luke Malaba allowed the appeal after hearing submissions from both parties' counsel.

"The appeal succeeds and the judgement of the court be and is hereby set aside," said Chief Justice Malaba. Dr Senderayi was appointed as the Kwekwe medical officer in October 1988. Owing to an oversight, which afflicted both parties, the approval of the Local Government Board (LGB) was not sought as is required by section 134 of the Urban Council's Act when he was engaged. In addition, the approval of the Minister of Health was not sought, a circumstance which was in breach of section 7 of the Public Health Act.

On June 28, 2001 after formulating the view that it was beneficial for both parties if Dr Senderayi employment was terminated, the council sought the approval of the LGB as required by section 140 of the Urban Councils Act. But the board declined jurisdiction over the matter on the grounds that the contract entered between Kwekwe City Council and Dr Senderayi had not been sanctioned by the Government board, hence it was a nullity. In its appeal, the council, represented by Advocate Thabani Mpofu, argued that the lower court erred in finding that Dr Senderayi was illegally dismissed when, in fact, his employment was a legal nullity in the first place.

The lower court, Adv Mpofu argued, could not declare the invalidity of the termination of Dr Senderayi's employment without first coming to the conclusion that his employment was valid in the first place. Advocate David Ochieng, who acted on behalf of Dr Senderayi, opposed the appeal, but could not advance meaningful submissions to convince the court to dismiss it. He stood by the lower court findings, arguing that the decision was appropriate considering that his client was hired by the local authority. In 2013, council discussed a possible golden handshake for Dr Senderayi, which would have seen him walk away with a handsome purse in a bid to end the labour wrangle. Councillors dismissed the offer, which had been tabled by town clerk Mr Emanuel Musara.
- online
Tags: Kwekwe,

Comments

Latest News

Latest Published Reports

Latest jobs