Harare — The Supreme Court has struck from its roll a Zupco appeal challenging a Labour Court order granting a former employee authority to attach property worth US$95 000 from the transport utility.

Mr Emmanuel Madry, who was fired in 2008 for ferrying his fuel allocation of 80 litres in a plastic container against company regulations, has already attached some property. He has taken nearly all desktop computers, printers and office furniture from Zupco's Belvedere premises.

Deputy Chief Justice Luke Malaba - sitting with Justices Vernanda Ziyambi and Paddington Garwe - removed the appeal from the roll after both parties failed to attend the hearing. Mr Madry has attached 20 computers, 10 printers, 10 photocopiers and 20 office desks, 10 office cabinets, two refrigerators, three lounge suites, four television sets and 60 office chairs among other items.

Mr Madry was procurement manager at the time he was fired. He successfully challenged the decision before an arbitrator and the dismissal was nullified. The arbitrator ruled that although Mr Madry had carried the fuel in a container, dismissal was too harsh.

A warning, according to the arbitrator, was appropriate in the circumstances. The arbitrator ordered Mr Madry's reinstatement, which Zupco failed to comply with resulting in him opting for quantification of damages.