News / National
Ex-TM managers score court victory against ex-employer
02 Jun 2017 at 06:58hrs | Views
A BULAWAYO labour officer has ordered TM Supermarkets to refund money deducted from two former line managers' pay cheques towards an employee share ownership scheme long after they were suspended for alleged insubordination.
The labour officer, Emilton Verukai, recently ruled that it was illegal for the chain supermarket group to force workers to buy shares in the company without their consent.
Three TM line managers - Itayi Nkomo, Thembinkosi Nyathi and Khumbula Tshili - were suspended and later fired last year after they complained over alleged salary discrepancies compared to their colleagues at other branches.
Nkomo and Nyathi claimed that after they suspension, the company continued to "clandestinely" deduct $24,50 from their salaries each month, claiming the money was going towards buying shares in the firm.
Verukai further said the two men's employment contracts were terminated over misconduct using section 12(4a), which stipulates that "no employer shall terminate a contract of employment on notice unless the termination is in terms of an employment code or in the absence of an employment code in terms of the model code . . .".
"The claimants are claiming shares amounting to $294 each. The respondent (TM) is acknowledging that the two are owed the shares, hence, they should make a follow-up at Meikles. The deductions were done by the respondent and on processing shares, he should not direct the claimants to the third part," Verukai ruled.
"This implies that the employer is failing to observe the employees' rights and access to their shares. Therefore, the claimants are entitled to their shares without further delay as per section 13(1) of the Labour Act. In view of the above, it is my considered view that the claimants are entitled to terminal benefits, compensation for a loss of employment, overtime and unpaid shares."
Nkomo and Nyathi are demanding terminal benefits amounting to $6 652,34 and $3 199,74, respectively.
The labour officer, Emilton Verukai, recently ruled that it was illegal for the chain supermarket group to force workers to buy shares in the company without their consent.
Three TM line managers - Itayi Nkomo, Thembinkosi Nyathi and Khumbula Tshili - were suspended and later fired last year after they complained over alleged salary discrepancies compared to their colleagues at other branches.
Nkomo and Nyathi claimed that after they suspension, the company continued to "clandestinely" deduct $24,50 from their salaries each month, claiming the money was going towards buying shares in the firm.
"The claimants are claiming shares amounting to $294 each. The respondent (TM) is acknowledging that the two are owed the shares, hence, they should make a follow-up at Meikles. The deductions were done by the respondent and on processing shares, he should not direct the claimants to the third part," Verukai ruled.
"This implies that the employer is failing to observe the employees' rights and access to their shares. Therefore, the claimants are entitled to their shares without further delay as per section 13(1) of the Labour Act. In view of the above, it is my considered view that the claimants are entitled to terminal benefits, compensation for a loss of employment, overtime and unpaid shares."
Nkomo and Nyathi are demanding terminal benefits amounting to $6 652,34 and $3 199,74, respectively.
Source - newsday
