Dube wins $3m arbitral award

HARARE - In a move that is likely to cripple the operations of the Premier Services Medical Aid Society (Psmas) and its subsidiary the Premier Services Medical Investments (Private) Limited (PSMI) — an arbitrator has ordered the institutions to pay its group chief executive officer Cuthbert Dube a collective amount of $3 million in salary arrears.

Following the arbitrator’s April 14, 2015 ruling, Dube, his lawyers approached the High Court last week seeking to register the arbitral award.

The arbitrator, identified as D Moyo, said Dube should be paid his salary arrears of $2 070 000 and a further $1 380 000 from PSMI and Psmas respectively, dating back to January last year.

Moyo ordered the payment of the outstanding salary to be done “immediately and forthwith”.

The matter was referred for arbitration after a conciliator failed to resolve it.

In his application, Dube claimed unfair labour practice against the two entities, arguing that the firms owed him his salary.

“The terms of reference for the arbitrator thereof were to determine whether or not the claimant (Dube)’s contract of employment is enforceable against the respondent (PSMI), if so whether or not the claimant’s contract of employment was lawfully terminated and remedy thereof,” Moyo said.

“Claimant raised the issue that he was the one who had taken the respondent to the courts and thus was clear about his issue and his issue is non-payment of his salaries and nothing more. On the other hand, the respondent presented that the issue of salaries does not arise as there is no subsisting contract between the parties.”

However, Moyo noted that in PMSI’s statement of March 16, 2015, it stated that, “The respondent herein wishes to state categorically that as it has no contract of employment with the claimant it therefore did not terminate any contract of employment.”

He said that true to this statement, PSMI did not terminate any contract with Dube.

“It is not in dispute that the claimant had obligations to direct the operations of the respondent,” Moyo said.

“It is inconceivable how a party doing work for the other for as long a time since 2001 and participating and supervising the employees of same for so long can work for so long and do so without a contract and for no remuneration.”

He also noted that in a board communication of March 14, 2013, the chairpersons of Psmas and PSMI spoke of an extension of Dube’s tenure of office for a further 10 years, with effect from January last year.

According to court papers, Dube was taking home $92 000 every month excluding allowances

Following the extension of his contract, Dube was entitled to $2 000 clothing allowance per year, $1 000 cell phone airtime, among other benefits.

Comments (19)

Before the parties finally agre to a final amount you must consult Mugabe othrwise come Workers' Day he will say. ''Pane vamwe varikupanana mazimari imi vashandi muchinyimwa mabonus enyu.... hatidi izvizvo kwete, pasi mevanhu vakadaro!!''

Garikayi - 21 April 2015

The renumeration committee and board that approved such an obscene contract needs to be in the firing line and pay Dube's perks...George Charamba (Mugabe's spokesman) was one of them and he took over $100,000 in one year for attending a handful of board meetings.

Galore 123 - 21 April 2015

Part 1 was Air Zim, Part 2 is PMAS, Part 3 is ZESA or whatever they call it these days, part 4 is GMB, part 5 is CMB, part 6 is MMCZ, part 7 isZBC, part 8, 9, 10 etc to follow. Sungai vanhu

Garikayi - 21 April 2015

GVT must intervene pliz. This is plunder of money contributed by poor people to a society so that they access healthcare. Cashbert and the courts why are you so heartless. Tofira mudzimba here zvipatara zvichitiramba?

Usadaro - 21 April 2015

The law protects every1 weither rich or poor,if a contract was extended and not terminated then it simply means Dube is still part of them,ignorance of the law on the part of the PSMAS board members does not excuse justice.Mari yake inorwadza but ndizvo zviripo

JUSTICE - 21 April 2015

Dube must be given his dues, unless there is no law in Zimbabwe.

Tafadzwa - 21 April 2015

This man has got no shame. [a typical Zanu PF cadre on the gravy train]. This is just like the Jacob Zuma's Nkandla scam. These shameless crooks rob the nation to line their own pockets . . . . . . What else can one expect in retarded Africa. . . . .

Dananai Chikanya - 21 April 2015

In one country I know people who use the law and rights to abuse the poor are treated with due disrespect!

POSHI PIRI - 21 April 2015

If a simple CEO can manage to destroy a state entity like that,what level of damage do you expect is being done by the hordes of Cde Mugabes weevil ministers?Our country is just now a looting field

carson macate - 21 April 2015

this kind of attitude must stop dube had already looted money from psmi so y bother to give him more at the expenses of him rturning what he owe the people

senator - 21 April 2015

Who is brave please and shoot this dog!

melinda night - 21 April 2015

What kind of work was Cuthbert doing to earn the kind of money that even the State President does not earn? The time shall come when politics shall give out its secrets - kuhwina nyaya iyi zviri zvega izvozvi?

Gorokodzwa - 22 April 2015

Ko mari dziri kutaurwa idzi maZim Dollar kana kuti imari chaiyo ? Ndinofunga pakaitika kusanzwisisana pana vaDube neavo vakavati ndiyo mari yavanofanira kutambira. Pasina izwozwo zwinoreva kuti pavanhu ava hapana anoziva value yemari. Kana kutizwe vanhu ava vanoteera nhau dzema soccer stars vobva vazwienzanisa navo. Nefungwa shanu dzakati kwesere Dube uyu aizwiona sani chaizwo apo aihora madzamatsama akadai PMAS ichiparara ? Ndizwo zwinoratidza kuti pfungwa dzechitiro mumunhu mutema hadzife dzakapera. Iye munhu akangoera ashaya nyadzi raveBaboon, horomba yeBaboon chaiyo. I can not help concxlude zhat by merely looking at his face I see a real Baboon in every respect.

Chorosi - 22 April 2015

Honda CR V for sale 1998 very good condition. $ 4.5 Neg call 0773 668 429

x company - 22 April 2015

What kind of law is this? This man salaries where overblown in the first place and then he goes to get 3 million. In a organised country he was going to pay all the money he got that he did not deserve its only in Zimbabwe where they think they are so learned they can do the impossible while the masses are jobless and starving.

Gwenaz - 22 April 2015

Cashbert strikes again.

George - 24 April 2015

Cde Dube is 101% right. He is an employee and must be paid his. This is what the ZNR employees should do. Engage a learned lawyer and u get the results.

Pieter Isaak - 24 April 2015

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