GARIKAI MAFIRAKUREVA

CHIREDZI – Labour Judge Justice Betty Chidziva has ordered Chiredzi Rural District Council (RDC) to reinstate internal auditor Lovemore Augustine Kabaira whom it retired on February 28, 2021 after he reached 60 years. Judge Chidziva on September 23, 2024 ordered Chiredzi RDC which was in default that it should reinstate Kabaira failure of which it pays damages in lieu of reinstatement.
Part of the order reads: “WHEREUPON, After reading documents filed of record and hearing party. The appeal be and is hereby allowed. The determination by the Labour officer dated 5th July 2024 be and is hereby set aside and substituted with the following. The Respondent is to reinstate the Appellant failure of which Respondent is to pay damages in lieu of reinstatement. There shall be no order as to costs.”
Initially, Kabaira took his case with the Labour Court July 5, 2024, and the Labour Officer ruled in favour of Chiredzi RDC. Kabaira, later appealed to the High Court. His lawyer Clemence Kwirira and Magwaliba Legal Practitioners argued that council ought to have retired him at 65 in light of circular No. 13 of 2020. Chiredzi RDC was, however, defaulted and the matter was heard without them.
Kabaira’s lawyer has since written to council demanding compliance with the labour court order failure of which his client will resume work on October 1, 2024. The letter reads in part: “We attach hereto copy of a court order issued by the Labour Court, ordering reinstatement of our client or alternatively damages in lieu of reinstatement.
Kindly advise what option you prefer on reinstatement or payment of damages. Your response within the next 48 hours will assist on the way forward, failing which our client will present himself for resumption of work as from Tuesday 1st October 2024.”