News / National
Businessman loses $10k property to former driver
29 Dec 2015 at 08:52hrs | Views
Ivan Zhakata Businessman and director of Wetrock Private Limited, Emmanuel Fundira, has lost property worth $10,000 to his former driver who attached the property to recover his outstanding salary and benefits.
The attached property includes a Mazda T35 truck and household property all valued at $9,331.
Steven Jordan, who was employed by Wetrock as Fundira's driver, successfully sued the company and Fundira for unlawful dismissal.
In his application for arbitration, Jordan said he was employed by Wetrock for four years and nine months and was unfairly dismissed.
"I was employed by the respondent (Wetrock Pvt Ltd) until I was dismissed from employment on May 16, 2014.
"The issue was reported to the Ministry of Labour and at Conciliation but no settlement was reached," he said.
"I was engaged for four years and nine months. I started work on July 20, 2010 until my dismissal on May 16, 2014.
"I was employed as a driver and was summarily dismissed with no procedures followed.
"I was never paid my leave days, I also worked for overtime on Saturdays and Sundays without being paid," Jordan said in his application.
However, Wetrock being represented by Fundira, who was also cited as the second respondent, was in default despite having been notified of the proceedings.
Wetrock was ordered to reinstate Jordan or pay him severance packages.
An arbitral award of $8,750 and cost of $581 were then awarded to Jordan by an independent arbitrator identified as J Madziya, making it a total of $9,331.
Wetrock failed to action the award within the stipulated 21 days. A writ of execution was issued on November 13, 2015.
The messenger of court failed to remove the property at Fundira's residence as his gardener Brighton Muringa, refused to open the gate.
Muringa was then served with a notice execution for Fundira.
The attached property includes a Mazda T35 truck and household property all valued at $9,331.
Steven Jordan, who was employed by Wetrock as Fundira's driver, successfully sued the company and Fundira for unlawful dismissal.
In his application for arbitration, Jordan said he was employed by Wetrock for four years and nine months and was unfairly dismissed.
"I was employed by the respondent (Wetrock Pvt Ltd) until I was dismissed from employment on May 16, 2014.
"The issue was reported to the Ministry of Labour and at Conciliation but no settlement was reached," he said.
"I was engaged for four years and nine months. I started work on July 20, 2010 until my dismissal on May 16, 2014.
"I was employed as a driver and was summarily dismissed with no procedures followed.
"I was never paid my leave days, I also worked for overtime on Saturdays and Sundays without being paid," Jordan said in his application.
However, Wetrock being represented by Fundira, who was also cited as the second respondent, was in default despite having been notified of the proceedings.
Wetrock was ordered to reinstate Jordan or pay him severance packages.
An arbitral award of $8,750 and cost of $581 were then awarded to Jordan by an independent arbitrator identified as J Madziya, making it a total of $9,331.
Wetrock failed to action the award within the stipulated 21 days. A writ of execution was issued on November 13, 2015.
The messenger of court failed to remove the property at Fundira's residence as his gardener Brighton Muringa, refused to open the gate.
Muringa was then served with a notice execution for Fundira.
Source - Herald
