Source: VP Mohadi ‘used council workers at his farm’ – DailyNews Live
Tendai Kamhungira 13 April 2018
HARARE – Vice president Kembo Mohadi has been sucked into a nasty labour
dispute involving a former employee of the Beitbridge Town Council, who is
demanding his benefits, amid claims that the politician used council
workers in his private business.
This emerged in a labour dispute between Jevison Musariri and Beitbridge
Town Council, in which the former employee sued the council for unpaid
allowances, overtime, gratuity and back pays, totalling $25 260.
But the town council in its court affidavit challenged Musariri’s claims,
including the averment that he had not been paid after working for Mohadi,
following a hire of a grader.
The council’s human resources manager Sathulani Moyo said Musariri’s
application was not sanctioned at law.
“The respondent (Beitbridge Town Council) does not owe the applicant
(Musariri) travelling and subsistence allowances in the sums claimed.
“I have been made to understand that the work was done at the instance and
request of the ministry of Roads and honourable Mohadi and the respondent
was not privy to the agreements.
“Thus as a result, these monies are supposed to be claimed at the
respective persons where work was done not from the respondent since it
was not the latter’s business.
“As with … Mohadi, he negotiated and agreed with the applicant when he
was off duty and the respondent is not privy to the terms of the
agreement.
“What the respondent only did was to provide the former with a grader and
the former would provide fuel and negotiate with council employees for
driving and mechanical services. With regards to ministry of Roads,
travelling and subsistence forms were filled and submitted to the
ministry’s provincial office through the ministry’s engineer.
“The applicant should make a follow up on the payment if indeed he was not
paid his travelling and subsistence allowance from the ministry,” Moyo
said.
According to court papers, Musariri was employed by the council as an
assistant mechanic from 2009, until he resigned in 2015.
He said in terms of the town council’s conditions of service, whenever an
employee is away from place of employment for a period exceeding 24 hours
on council business, he is entitled to accommodation, travelling and
subsistence allowances.
“It is crystal clear that I am entitled to the above allowance not as a
privilege, I performed my duties as required on council business far from
my usual place to the extent that it necessitated my sleeping away from
home on two occasions at honourable…Mohadi’s farm, on one occasion to
Masera (dozer was hired by ministry of Roads) and five occasions to cattle
markets,” he said.
Though, he started litigation in 2015, he later withdrew the application
on the basis that they will have an out of court settlement. However, the
parties failed to find common ground, forcing Musariri to go back to court
last year.
He was told the prescription time of two years had lapsed and could no
longer include claims beyond 2015.
This resulted in Labour Court judge Evangelista Kabasa ordering Beitbridge
Town Council to pay Musariri, a total of $1 428, 47, which falls far short
of the initial claim.
Musariri is now contemplating challenging the ruling.
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