Sports / Local
Madinda takes Highlanders to court, demands $18k
26 Jun 2011 at 09:01hrs | Views
BULAWAYO High Court judge, Justice Maphios Cheda has reserved judgment in the case between Madinda Ndlovu and Highlanders Football Club because he need time to consider submissions made to the court by both parties.
Madinda Ndlovu is suing Highlanders Football club for more than US$18 000 in salary arrears.
Madinda Ndlovu was employed by Highlanders as a technical manager on a gross salary of US$5 000 in 2009.
A few months into the contract, the club felt that the salary was too high and wanted the coach to take a pay cut.
The club is claiming that at the time the parties transacted, the legal tender in the country was the now-defunct Zimbabwe dollar and that transacting in foreign currency was governed in terms of the country's exchange control regulations.
Highlanders' lawyers also argued that the matter was a labour dispute and should not be heard in the High Court but the Labour Court.
Ndlovu's lawyers say a written acknowledgment of debt by Highlanders created an obligation for the club which is distinct from the original obligation resulting from the employer-employee relationship of the parties.
They also said that the club does not specifically deny that it owes Ndlovu the acknowledged amount of US$18 580.
They note that the Highlanders chairman, Themba Ndlela in his opposing affidavit confirms the authenticity of a written document where he is recorded as having acknowledged the club's indebtedness to Ndlovu in the amount claimed.
They added that there were no compelling reasons why Ndlovu must remain out of pocket as a result of the club's failure to discharge its acknowledged indebtedness.
Ndlovu also wants Highlanders to be ordered to pay the costs of the suit.
Madinda Ndlovu is suing Highlanders Football club for more than US$18 000 in salary arrears.
Madinda Ndlovu was employed by Highlanders as a technical manager on a gross salary of US$5 000 in 2009.
A few months into the contract, the club felt that the salary was too high and wanted the coach to take a pay cut.
The club is claiming that at the time the parties transacted, the legal tender in the country was the now-defunct Zimbabwe dollar and that transacting in foreign currency was governed in terms of the country's exchange control regulations.
Highlanders' lawyers also argued that the matter was a labour dispute and should not be heard in the High Court but the Labour Court.
Ndlovu's lawyers say a written acknowledgment of debt by Highlanders created an obligation for the club which is distinct from the original obligation resulting from the employer-employee relationship of the parties.
They also said that the club does not specifically deny that it owes Ndlovu the acknowledged amount of US$18 580.
They note that the Highlanders chairman, Themba Ndlela in his opposing affidavit confirms the authenticity of a written document where he is recorded as having acknowledged the club's indebtedness to Ndlovu in the amount claimed.
They added that there were no compelling reasons why Ndlovu must remain out of pocket as a result of the club's failure to discharge its acknowledged indebtedness.
Ndlovu also wants Highlanders to be ordered to pay the costs of the suit.
Source - NZ
