OMUTHIYA - The former CEO of Omuthiya Town Council, Samuel Mbango, has turned to the High Court to seek an order to review and set aside a decision of the labour court, which dismissed his case against the local authority on 26 June.
Mbango is also asking the court to grant an order that the matter be referred back to the labour commissioner for arbitration.
He wants the matter to start afresh before a new arbitrator.
Martha Shipushu, the labour inspector who was presiding over the matter, is listed as the first respondent, while the labour commissioner and Omuthiya Town Council are second and third respondents, respectively.
The respondents were given 10 days to respond upon receipt of the notice of motion dated 5 August.
Approached for comment yesterday, Mbango said he was waiting to hear from the courts to decide the way forward.
An order is also made that respondents electing to oppose the application should pay the costs of the applicant.
The labour court matter was allegedly dismissed against Mbango without reasons given to the applicant.
The matter was headed for the labour court last year for conciliation, but no consensus was reached, despite council being advised by its lawyers to reinstate Mbango or offer a settlement payment.
Mbango argued he was unfairly dismissed after he was served with notice of non-renewal of his contract on short notice.
He said this was a violation of his employment contract, which required a three-month notice.
His contract was due to end in August last year, and he was issued with a notice by council, dated 10 June.
In addition, the former CEO argued he was not given reasons behind the non-renewal of his contract. Mbango is represented by Veiko Alexander of Ellis Shilengudwa Inc. Mayor Katrina Uusiku could not be reached for comment yesterday.
2020-08-25 09:16:45 | 25 days ago