By Innocent Ruwende
Mr James Mushore, who was appointed Harare town clerk in April 2016 before Government rescinded his appointment, has won his case against Harare City Council after a labour officer ruled that his contract of employment was unlawfully terminated.
The ruling is still however, subject to confirmation by the Labour Court and council has since said it will oppose the application for confirmation of the ruling if filed in the Labour Court.
Mr Mushore signed a two-year contract with Harare City Council on April 1 2016 before being sent on forced leave a week later after Government rescinded the appointment.
Government argued his appointment was unprocedural and violated the Urban Councils Act. According to the law in question, council was supposed to submit the names of three candidates to the Local Government Board for approval.
Harare had not been decisive on the matter and only formally terminated Mr Mushore’s contract last year.
According to the recent minutes of the Human Resources and General Purposes Committee the councillors considered a confidential report circulated by the acting chamber secretary Mr Charles Kandemiri recommending that council notes the ruling by the labour officer in the matter between Mr Mushore and the city.
The labour officer ruled that Mr Mushore’s contract of employment had been unlawfully terminated and ordered council to reinstate him or pay him damages.
“The acting chamber secretary reported that the former employee referred to above had received his letter of appointment with effect from April 1, 2016. However, his appointment had been rescinded as detailed in the report,” reads the minutes.
“Consequently the former employee had approached the labour officer alleging unlawful termination of his contract of employment which the labour officer confirmed and ordered reinstatement or damages in lieu of reinstatement. The ruling was subject to confirmation by the Labour Court.” The Herald
