Lawyers representing Kwekwe City Council last week filed an application for leave to appeal at the Supreme Court against a recent Labour Court ruling ordering the local authority to cough up $102 561,71 in backpay to the 160 workers it inherited from the Zimbabwe National Water Authority (Zinwa).
The application was filed on July 16 by Willmont and Bennet law firm on behalf of the local authority. Part of the application reads: “That leave be and is hereby granted to the application in terms of sections 92 F S(2) to note an appeal to the Supreme Court against Judgment LC/MD/14/12 of the honourable court handed down July 2.”
The workers, through their lawyer Innocent Hore, had won an award directing the local authority not to slash their salaries by 50%. Council argues that Zinwa illegally increased the workers’ wages on February 19, 2009, shortly before offloading them to the local authority.
The local authority now wants the matter referred to the Supreme Court arguing the Labour Court ruling was erroneous.
“The learned Judge President (Labour Court) grossly misdirected himself by failing to give effect to the literal, ordinary and clear meaning of the directive that transfer was effective February 1, 2009. He should have made a finding that ascribing any other meaning to the ministerial directive would result in an absurdity especially against the backdrop that the multi-currency regime took effect from February 1, 2009,” reads part of the appeal.
