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MDC-T seeks out-of-court settlement with fired employees

by Daniel Nemukuyu
12 Sep 2014 at 07:47hrs | Views
MDC-T has approached lawyers representing its 13 fired workers seeking to stop the removal and auctioning of several vehicles attached by the sheriff in settlement of labour damages owing to the ex-employees.

The 13 former security personnel, who were illegally fired from Harvest House in 2010, recently obtained a writ of execution to attach more than 60 vehicles over $491 000 in damages.

If the auctioning of the movable property fails to satisfy the debt, the sheriff will proceed to attach and auction the Strathaven property and another one in Chitungwiza.

Harare lawyer Mr Obert Mawadze of Manase and Manase, who is representing the workers, yesterday confirmed that MDC-T representatives had approached them seeking an out-of-court settlement to the matter.

To that end, the workers have instructed the sheriff to stop removing the attached property pending the outcome of the talks.

"I can confirm that the MDC-T have so far corresponded with our office with a view to have the matter settled out of court by making payment. We are supposed to meet any day from now to discuss how the payment would be done.

"In the meantime, we have temporarily stopped removal of the attached property but if they fail to pay, then we will execute the judgment," said Mr Mawadze.

The 13 employees worked in the security department at the party's Harvest House headquarters.

On July 10 this year, High Court Judge Justice Priscilla Chigumba registered the arbitral award in favour of the workers and the lawyers used the order to obtain a writ.

The 13 security personnel were unfairly dismissed and allegedly went home without any benefits under unclear circumstances.

Arbitrator Mr Duncan Mudzengi, ruled that the dismissal of the workers was unfair and that they should be paid damages and other outstanding allowances.

Two of the workers were awarded $48 260 each, while 11 others got $38 440 each.

The awards took into account the position held by each worker and the period of employment in the party.

Some were engaged as far back as 1999 when the party was launched, while others were employed in 2002 and 2005 respectively.

After working for several years at Harvest House, the workers were shocked to be informed of the termination of their contracts in 2010.

Honey and Blackenberg law firm defended MDC-T, while Mr Mawadze represented the 13 security officers.

MDC-T initially promised to reinstate the workers, but the party made a U-turn and failed to honour the undertaking, prompting them to seek quantification.

The 13 were working on renewable contracts and had renewed them up to August 2010 when they received two-week notices of termination of employment.

The workers approached a labour officer in July 2011 where the matter was referred for conciliation.

This failed to settle the case and a dispute was declared, resulting in the arbitrator making a ruling.

Source - The Herald
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