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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