Former Harare Town Clerk Dr Tendai Mahachi wants council to reinstate him on full salary and benefits until his five-year contract expires in 2018.
Dr Mahachi was dismissed on notice in August 2015 “after reaching retirement age” following his earlier suspension from duty on charges of incompetence. He and Town House have been shuttling back and forth over his terminal benefits, and last week saw Dr Mahachi raise the stakes with a Labour Court challenge. In the court papers, he says his dismissal and reduction of his salary were unlawful, and should thus be set aside.
He also argues that his being sent on retirement when he had a specific contract of employment was motivated by malice and personal vendettas. Further, he says, the decision ran contrary to the law as it was taken without considering his side of the story.
Harare Mayor Bernard Manyenyeni, Harare City Council and Local Government, Public Works and National Housing Minister Saviour Kasukuwere are respondents. The papers read, in part, “This is an application for the following relief: An order setting aside the decision of the Second Respondent communicated to me dated 17 November 2015 purporting to terminate my contract of employment with effect from 31 December 2015, reducing my salary and other benefits together with the rest of the decisions contained in the said letter which is attached hereto as annxure “1”.
“The decision of the First Respondent in this regard is grossly outrageous in its defiance of logic and commonly accepted standards of morality in that the Second Respondent cannot send me on retirement when I am on a specific term contract of employment.”
They also say, “The laws relating to retirement do not affect employees on specific term contracts. . . The decison was, therefore, motivated by malice and personal vendettas which the First Respondent has with me.
“(The application also seeks) An order setting aside the decision of the First Respondent removing me from the work place on the 30th of June 2015 on grounds that the decision contravened Section 139 (3) and (4) of the Urban Councils Act.
“The decision of the First Respondent was, therefore, not only contrary to the law, but also capricious and without justification both in morality and law. It was taken without affording me any opportunity to be heard.”
Before this, Dr Mahachi wanted an exit package that included US$3 million, a mansion in Harare’s Belvedere suburb and two top-of-the-range vehicles. However, City Council offered him US$150 000 with an option to buy his service Toyota VX Landcruiser at book value. State Media