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Fidelis Munyoro, Harare Bureau
Redcliff municipality’s row with its former acting town clerk Mr Trust Sengwayo has been referred back to the Labour Court to determine the application seeking to reverse a $150 000 judgment issued in his favour.

Mr Sengwayo got a default judgment five years ago in which the Labour Court ordered the municipality to reinstate him and pay him $152 000 compensation for unfair dismissal.

The municipality’s attempt to rescind the judgment failed after the Labour Court threw out the application on the grounds of a technicality raised by Mr Sengwayo.

Aggrieved by the court’s decision, Redcliff municipality launched an appeal at the Supreme Court.

When the matter was brought for hearing yesterday, both parties consented to have the case remitted back to the lower court.

Mr Sengwayo confirmed the latest development.

“Remember, I got a default judgment in 2012,” he said in an interview. “Redcliff made an application for rescission of judgment, which was dismissed on basis of a technicality that I had raised.

“What we have agreed on now is that we forego the technicality and argue on the merits. We are going back now to argue whether or not the judgment should be rescinded.”

Mr Sengwayo was dismissed in 2009 and he contested the decision through the Labour Court.

Labour Court president Mr Maxwell Takuva also ordered the local authority to give Mr Sengwayo title to stand number 2396 Rutendo, Redcliff.

The court added that in the event reinstatement was no longer an option, the municipality should pay Mr Sengwayo agreed damages in lieu of reinstatement.

Mr Sengwayo sued the municipality over dismissal as acting town clerk after a series of infighting involving himself, the mayor and the human resources manager.

According to the papers, Mr Sengwayo’s troubles started in November 2009 when he, as acting town clerk, transferred Mr Joshua Maligwa — alleged to be a close subordinate of the mayor, Clr Joseph Matewa —from the post of acting chamber secretary back to his substantive position of human resources manager.