Business / Companies
TM Supermarket in wrangle with line managers
20 Jun 2015 at 09:44hrs | Views
TM SUPERMARKETS is embroiled in another wrangle with the Bulawayo line managers over failure to pay them transport allowances back dated to July 2012.
Thembinkosi Nyathi, Itayi Nkomo and Nicholas Khumbula Tshili who have a pending case in the courts with the company after it reneged paying them $2 390 each which was awarded by an arbitrator for back pay after management had refused to pay them. The refusal was justified by TM on indications managers refused to work on Unity Day in 2009.
The three line managers cited TM Supermarket Lobengula Street branch as the respondent and they took the matter up with the arbitrator S Willie.
On May 5 2015 Willie dismissed their claim as unjustified. The managers then took the case further to the Labour Court challenging the arbitrator's award dismissing their claim, and demanding payment from the company.
In their application at the Labour Court dated May 28, they said they were paid unconditional transport allowances of $26 per month from March 2009 to August 25 2011.
They said the company unilaterally withdrew the applicants' bus allowance.
They said they tried to establish reasons for the withdrawal, but the company ignored them. They reported the matter to the Labour ministry, but parties failed to agree and the case was referred to the arbitrator.
Arbitration hearing was held on April 22 2015 and the award was handed down on May 5 2015 in favour of theCompany.
The managers indicated they were applying against the arbitration award on grounds the arbitrator misdirected himself on point of law by failing to deal with issues which they raised.
The managers argued they understood the withdrawal of bus allowance affected all employees, but later found out that it had only affected the three of them as other staff members were still getting allowances of $40 per month. They said their counterparts in Harare Newlands Branch in the same grade, were affected by the withdrawal and their case was heard by the Labour ministry and they were awarded transport allowances of $65 per month.
The managers said another employee, D Tunhira, was granted an award to
be paid $26 per month for November 2011 to June 2012 and he still gets it.
They also stated that all employees were being paid transport allowances for the period that Tunhira was paid for and indicated that they were being underpaid since others were paid $40 per month. They claimed to be owed allowances from July 2012 to date at the rate of $40 per month.
They prayed for the order compelling the company to pay them allowances totaling $1 280, calculated at 32 times $40, and to reinstate the bus allowance.
They submitted that with the clear details they brought before the court, there was no logic for the arbitrator to dismiss their claim.
Thembinkosi Nyathi, Itayi Nkomo and Nicholas Khumbula Tshili who have a pending case in the courts with the company after it reneged paying them $2 390 each which was awarded by an arbitrator for back pay after management had refused to pay them. The refusal was justified by TM on indications managers refused to work on Unity Day in 2009.
The three line managers cited TM Supermarket Lobengula Street branch as the respondent and they took the matter up with the arbitrator S Willie.
On May 5 2015 Willie dismissed their claim as unjustified. The managers then took the case further to the Labour Court challenging the arbitrator's award dismissing their claim, and demanding payment from the company.
In their application at the Labour Court dated May 28, they said they were paid unconditional transport allowances of $26 per month from March 2009 to August 25 2011.
They said the company unilaterally withdrew the applicants' bus allowance.
They said they tried to establish reasons for the withdrawal, but the company ignored them. They reported the matter to the Labour ministry, but parties failed to agree and the case was referred to the arbitrator.
Arbitration hearing was held on April 22 2015 and the award was handed down on May 5 2015 in favour of theCompany.
The managers indicated they were applying against the arbitration award on grounds the arbitrator misdirected himself on point of law by failing to deal with issues which they raised.
The managers argued they understood the withdrawal of bus allowance affected all employees, but later found out that it had only affected the three of them as other staff members were still getting allowances of $40 per month. They said their counterparts in Harare Newlands Branch in the same grade, were affected by the withdrawal and their case was heard by the Labour ministry and they were awarded transport allowances of $65 per month.
The managers said another employee, D Tunhira, was granted an award to
be paid $26 per month for November 2011 to June 2012 and he still gets it.
They also stated that all employees were being paid transport allowances for the period that Tunhira was paid for and indicated that they were being underpaid since others were paid $40 per month. They claimed to be owed allowances from July 2012 to date at the rate of $40 per month.
They prayed for the order compelling the company to pay them allowances totaling $1 280, calculated at 32 times $40, and to reinstate the bus allowance.
They submitted that with the clear details they brought before the court, there was no logic for the arbitrator to dismiss their claim.
Source - Byo24News
