THE High Court has ordered Victoria Falls Municipality to pay $236 250 gratuity to a former senior employee, whose contract was terminated two years ago.
BY SILAS NKALA
Thembinkosi Khumalo won the legal battle after he took his former paymasters to court, demanding his terminal benefits.
In his application, Khumalo cited council and the Local Government Board, as respondents.
He said he was employed by the council from October 1, 1991, as a senior accounting officer and served in that position until October 1992, when he was promoted to assistant town treasurer.
In March 2004, he was promoted to deputy town treasurer and in March 2011 he was promoted to town treasurer, a position he held until November 2016, when his contract was terminated .
“In terms of my appointment letter, to the town treasurer, first respondent [council] resolved to appoint me, as such with a specific condition that the Victoria Falls Municipality conditions of service were to apply to my contract of employment,” he submitted.
Khumalo said those conditions came into effect, when they were registered by the registrar of labour on May 5, 2010. Khumalo said the conditions were that an employee, who served for more than five years on termination of such employment must be given gratuity according to the number of years served.
Bulawayo High Court judge, Justice Nicholas Mathonsi ruled in Khumalo’s favour, directing the council and the Local Government Board to pay him the gratuity.
“The first respondent be and is, hereby, directed to pay the gratuity due to the applicant in terms of the council resolution made on August 2016. The second respondent shall bear the costs of this application on the scale of legal practitioner and client,” he ruled.