The Labour Court last week ordered Redcliff Municipality to reinstate former acting town clerk, Trust Sengwayo, and pay him $152 000 compensation for unfair dismissal.
Sengwayo was dismissed in 2009 and he contested the decision through the Labour Court.
Labour Court president Maxwell Takuva also ordered the local authority to give Sengwayo title to stand number 2396 Rutendo, Redcliff.
The order reads: “Where-upon after reading documents filed, of record and hearing the applicant, it is ordered that the respondent be and is hereby ordered to reinstate applicant to his original post without loss of salary and benefits amounting to $152 960.
“That the respondent be and is hereby ordered to award stand number 2396 Rutendo, Redcliff to the applicant.”
Takuva added in the event reinstatement was no longer an option, the council was expected to pay Sengwayo agreed damages in lieu of reinstatement.
Sengwayo approached the courts seeking to fight “unfair dismissal” as acting town clerk after a series of infighting involving himself, the mayor and the human resources manager.
According to the papers, Sengwayo’s problems started in November 2009 when he, as acting town clerk, transferred one Joshua Maligwa, a close associate of the mayor Joseph Matewa from the post of acting chamber secretary back to his substantive position of human resources manager.
“The mayor was not pleased with this and retaliated by recalling the applicant (Sengwayo) from the position of acting town clerk to the position of chamber secretary.”
“On November 3 2009, Redcliff Municipality (the respondent) constructively or unfairly dismissed me from employment by demoting me from the post of acting town clerk to the position of chamber secretary. Section 39 of the Urban Councils Act does not provide for recall of the acting town clerk.”
According to papers filed by the applicant, the effects of the demotion would be that he would lose, among other things, 20% entertainment allowance, 20% salary allowance or differential between town clerk and other senior officials and would have his fuel allocation reduced by 20 litres.