Employee sues company for dumping him at dump site

A man from Chimanimani in Manicaland who was dismissed by Springbrake Services Private Limited in Bulawayo after insulting boss' son is suing the employer demanding over $4500 in back pay.

The man has filed an appeal at the Bulawayo Labour Court seeking an order compelling the company to pay him the amount owed.

He claimed his dismissal was because he argued with his boss' son. Birzeck Nzou (53) said he was evicted from the company premises on March 5 2013. He said he used to stay at the prenmises and he was evicted with his belongings before being dumped at Ngozi Mine near Makhandeni in Bulawayo.

He said he worked as a care taker and security personnel at the company situated at the Belmont industrial area in Bulawayo for ten years and claimed he was ditched without pay.

Following his eviction, he settled at the company gate for some time. The company had to call Bulawayo City Council officials who took him with a truck and dumped him at Ngozi Mine.

He said he had earlier on took the matter for arbitration but the arbitrator dismissed his claims saying the company proved to her that Nzou was not an employee but was just being assisted to have accommodation and shelter.

The arbitrator said there was no contract between Nzou and the company. Nzou took the case to the Labour court disputing the unfair dismissal. He said he has taken the case back to the Labour court after his lawyers seemed not interested to assist him hence he is now self actor.

He is appealing for condonation to have the case heard though it has been delayed.

Nzou said his dismissal and dumping at the Ngozi mine a place dominated by vagabonds was dehumanising as he had worked for the company for 10 years.

He said that the arbitrator erred in failing to find that a contract of employment existed between him and the company.

"The arbitrator misdirected herself in disregarding evidence that appellant was paid wages. The arbitrator erred in failing to take into consideration that appellant provided his labour to the respondent per agreement and in return of the wages," he said.

The case is yet to be heard. He said he was earning $100 later increased to $150 but he never got paid but was given money only to buy maize meal and Kapenta he never received his wages. He said he is owed $4500 by the employer.