HomeNewsRay Kaukonde property attached over damages

Ray Kaukonde property attached over damages

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A FORMER bookkeeper with AMC Motor Corporation, who was unlawfully dismissed in 2010, has attached the company’s property to recover $28 000 in damages awarded by the Labour Court.

BY CHRISTOPHER MAHOVE
Own Correspondent

AMC is owned by Zanu PF Member of Parliament for Marondera Ray Kaukonde.

The attached property includes two lounge suites, two fridges, a deep freezer, executive desks and chairs, desktops and a photocopier, among other movable goods.
Danford Chamwarura, who worked at the company’s Joina City Spar retail division in Harare, was recently awarded $28 530 damages by the Labour Court after successfully appealing against the company’s decision to dismiss him without benefits.

The committee had found him guilty of misusing company computers to send sexually explicit material to colleagues on November 5 2010.

Chamwarura appealed to the National Employment Council for the Motor Industry, which sent the case for arbitration where the arbitrator ruled that the employer had used a wrong code in dismissing him.

The arbitrator said Statutory Instrument 55 of 1995, which the employer had used, was a wrong instrument to charge the employee, which rendered the whole process a nullity. The arbitrator ordered that Chamwarira be reinstated without loss of salary and benefits and that he be given a final written warning.

Chamwarura, however, appealed to the Labour Court against the arbitrator’s ruling, arguing that there was no way he could be issued with a final written warning when no previous warning had been given.

In his head of arguments, Chamwarura said since the arbitrator had acknowledged that the employer had used the wrong code, the case should have completely fallen away.

Chamwarira also claimed that he had been transferred more than four times in a single year.

In defence, AMC said the employee was a litigious character who wanted to reap where he did not sow and had frustrated the company’s efforts to reinstate him by not reporting for duty .

The case dragged on for more than three years and when it was finally heard on January 18 2013, the company’s legal representatives did not attend court, leading to a default judgment in favour of Chamwarura.

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