BY JAMES MUTASA

Danford Chamwarura a former employee of Amalgamated Motor Corporation laughed all the way to the bank following a recent decision by the Supreme Court to set aside a High Court judgment which ordered his former employer to pay him terminal benefits worth USD28 530-00 using RTGS at the rate of 1:1.

The Supreme Court ruling, compelled AMC Motors to pay in USD putting to rest a 14-year long dispute.

Tafadzwa Lancelot Mapuranga an advocate with Chihambakwe, Mutizwa and Partners approached the high court on behalf of AMC Motors arguing that the amount stated in a Labour Court order under Case N0 LC/H/448/11 which awarded USD28 530.00 was converted to RTGS $28 530.00 by operation of law.

Mapuranga further stated that the Labour Court order was affected by the operation of the Finance Act and also SI 33 of 2019 the USD28530.00 amount was now equivalent to RTGS28530.00.

Sadly for Chamwarura, High Court Judge Justice Siyabona Paul Musithu concurred with Mapuranga’s assertions and judged that, “I agree with Mr. Mapuranga’s submission that the Supreme Court order did not create any new obligation. That obligation was established in the order by Ndewere J, which was then registered for enforcement purpose. The liability was therefore pronounced in the Labour Court order,” concludes Judge Musithu’s judgment.

Annoyed by judge Musithu’ judgment, Chamwarura represented by Mark Chipetiwa appealed to the Supreme Court where Judge Justice Chinembiri Bhunu flanked by Justice Tendai Uchena and Justice Hlekani Mwayera dismissed Justice Musithu’s judgement which had ordered AMC Motors to pay RTGS$28530-00 instead of USD 28530-00.

Chamwarura’s contract of employment was terminated for alleged misconduct in November 2010 by AMC Motors. He challenged the employer’s decision at the National Employment Council for the Motor Industry where Samson Zengeni arbitrated over the matter and determined that the employer should pay the employee USD28530-00 as compensation for loss of employment.

“From 2010 to date the matter dragged on as it rotated in the courts that is from the Labour Court to the High Court to the Supreme Court and back to the Labourt Court to the Supreme Court via the High Court until it was recently settled,” Chamwarura told The Worker.

“The hopping of the matter around different courts of law for over 14 years was a frustrating period so much that on several occasions l nearly gave up. However, I am glad that justice finally prevailed as AMC Motors. My former employer, eventually compensated me for the unlawful dismissal by paying my USD28530.00 which Zengeni had determined in 2012,” he said.