“She did not state what those labour laws were or are. She left that very important matter to the court to guess what she exactly meant to convey to it. She put up a very poor show. She did so much to her unfortunate detriment … the applicant failed to prove her case on a balance of probabilities. The same stands on nothing. It is, accordingly, dismissed with costs,” he said.
On the contrary, the judge said the City of Harare managed to precisely articulate its argument and convinced the court that its decision to suspend her was above board.
“The respondent (City of Harare), in my view, must have agonised over the invidious position in which it found itself. It must, therefore, have done its homework and discovered the existence of another law, which, in its view, would assist it to bring about the result which it intended,” he said.
“As long, therefore, as the law it came up with was supportive of its case legally, it cannot be faulted for having departed from the Urban Councils Act in preference to the Labour Act as read with Statutory Instrument 15 of 2006.”
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