Dube loses PSMAS salary arrears case

By Paidamoyo Chipunza

The Labour Court has thrown away two cases in which former Premier Service Medical Aid Society group chief executive Dr Cuthbert Dube is demanding nearly US$1 million in salary arrears from the society and its subsidiary.

According to a default order granted on August 15 2014, Dr Dube failed to file his heads of argument within the stipulated time-frames, resulting in both cases being dismissed with costs.

“It is ordered that the application for dismissal granted in terms of the draft as follows: that the applicant having failed to file heads of argument within the time limits as per the rules of the Labour Court, the application as filed on May 19 2014 be and is hereby dismissed with costs,” reads the Labour Court order.

Dr Dube, who used to earn a combined US$230 000 a month from PSMAS and its subsidiary Premier Service Medical Investments, stopped receiving his salary between January and March this year and had approached the Labour Court demanding both firms to settle his salary arrears.

PSMAS through its lawyer, Mr James Chikobvu Muzangaza responded to Dr Dube’s application on May 19 2014 from which Dr Dube was supposed to file his heads of arguments within 14 days, but failed to do so.

This prompted PSMAS to seek the dismissal of his application in compliance with the court rules.

However, Dr Dube’s lawyer, Mr Jonathan Samukang,e filed an application for rescission of the judgment arguing that it was nicodemously obtained.

Mr Samukange said his client was not served with the chamber application to dismiss the two applications hence the decision should be rescinded.

“Applicant was not in wilful default. In fact, what respondent did is clearly what has been described by Justice McNally as ‘snatching at a judgment’ which should be discouraged.

“I must point out that at the time the order was granted, applicant had already filed his heads of argument,” read part of the rescission application.

Justice Makamure, through the Registrar of the Labour Court, wrote to Mr Samukange advising him that when his letter reached her office, she had already granted a default judgment.

In his claims to the Labour Court, Dr Dube was arguing that he was still the group chief executive for PSMAS and was entitled to his full salary and benefits as spelt out in his conditions of service.

He argued that his salary from PSMAS was first reduced from US$92 000 to US$60 000 before it was stopped in March while that from PSMI was stopped in January.

He is also demanding benefits that include clothing allowance, security cover at his home, and employment of domestic workers and payment of utility bills. The Herald