News / Local
John Nkomo's firm ordered to pay workers $23 000 within 10 days
31 Oct 2015 at 07:55hrs | Views
A BULAWAYO High Court Judge Justice Nokuthula Moyo has ordered the late Vice President John Nkomo's form top pay $23 072 it owes its workers within 10 days.
The firm - Astra Building Centre (Pvt) LTD is now run by Nkomo's son- Jabulani who is the managing director.
Nine workers had dragged the firm to court.
In a founding affidavit, an employer, Jeshuwa Zvinavashe on behalf of other eight workers indicated that in December 2014, they referred a labour dispute for non-payment of their salaries to the National Employment Council for the Commercial sector.
"The said non-payments were for the period September 2012 to May 2014. On February 26, 2015, the arbitrator issued an award totalling $23 072.
"I, therefore, make this application before this Honourable Court for the registration of the said award".
The workers were owed amounts ranging from $1 887 to $3 415 each.
Jabulani , through James Mustauke opposed the application.
"Registration of such award pre-supposes a default on the part of the respondent; in casu (in this case) there has been no default.
"In terms of the Labour Act, an ward is registered for the purpose of enforcements. In this case, no enforcement is required or necessary as the respondent is complying with the award".
He added "This application was filed with this court on June 15, 2015. Therefore, the applicant's complaints must be deemed to relate to the payments due for months of March, April and May 2015.
" Even if payments of three months mentioned supra (above) was not made, which is denied, it is incorrect to apply to register and enforce payment of salaries relating months of June 2015 to March 2016 as such payments are not yet due and payable'.
Judge Moyo then upheld the workers application and ordered the firm to pay in 10days before property could be attached to recover the amount owed.
The firm - Astra Building Centre (Pvt) LTD is now run by Nkomo's son- Jabulani who is the managing director.
Nine workers had dragged the firm to court.
In a founding affidavit, an employer, Jeshuwa Zvinavashe on behalf of other eight workers indicated that in December 2014, they referred a labour dispute for non-payment of their salaries to the National Employment Council for the Commercial sector.
"The said non-payments were for the period September 2012 to May 2014. On February 26, 2015, the arbitrator issued an award totalling $23 072.
"I, therefore, make this application before this Honourable Court for the registration of the said award".
Jabulani , through James Mustauke opposed the application.
"Registration of such award pre-supposes a default on the part of the respondent; in casu (in this case) there has been no default.
"In terms of the Labour Act, an ward is registered for the purpose of enforcements. In this case, no enforcement is required or necessary as the respondent is complying with the award".
He added "This application was filed with this court on June 15, 2015. Therefore, the applicant's complaints must be deemed to relate to the payments due for months of March, April and May 2015.
" Even if payments of three months mentioned supra (above) was not made, which is denied, it is incorrect to apply to register and enforce payment of salaries relating months of June 2015 to March 2016 as such payments are not yet due and payable'.
Judge Moyo then upheld the workers application and ordered the firm to pay in 10days before property could be attached to recover the amount owed.
Source - Southern Eye
