Hwange Colliery takes workers to court over 'unpaid salaries'

HWANGE Colliery Company Limited (HCCL) has taken to the Labour Court hundreds of its workers for allegedly going on strike over unpaid salaries.

The case was heard by Bulawayo Labour Court president Mrs Mercy Moya-Matshanga yesterday.

Mrs Moya-Matshanga reserved judgment to today after hearing submissions from Mr Alkin Masiya from HCCL legal office representing the company and a Mr W Ndlovu representing the workers from the Association of Mine Workers Union of Zimbabwe.

The company took the matter to court seeking its workers to show cause in respect of the strike that started on 14 October, which was deemed illegal by the management.

According to court documents, the strike started when the company failed to meet the demands of the workers, after a demonstration by their spouses who were allegedly dispersed by armed police failed to convince management on the demands.

The management argued that the strike was illegal in terms of Section 104(2)(a)(i) of the Labour Act because the workers did not give a 14-day notice.

HCCL also argued that the concerned workers are involved in the essential services which include supplying the Zimbabwe Power Company with coal for power generation, supplying coal to the battery plant for coke oven, supplying water to the public and providing fire services, and a continued strike would cripple production and the economy at large.

It is the company's argument that its failure to pay workers is a result of underperformance as it is operating below 40 percent capacity since dolarisation of the economy in 2009.

A series of engagements were made between the workers and management in which it was agreed on a payment plan for the backlogs to be paid in full before the end of the year.

It was reportedly agreed that workers should go back to work, that an ad-hoc committee comprising management, workers and trade unionists to monitor usage of funds be formed.

However, the workers complained that the management had not honoured up as it failed to pay them salaries for September hence they went on strike, demanding resignation of some senior managers who they accused of buying luxurious cars while ignoring their plight.

They also seek to be refunded moneys they allegedly contributed towards the employees share ownership scheme since 2007 as they are reportedly yet to be given any document showing that they are contributors.

The workers also want the management to reinstate four members of the workers' committee who were suspended on allegations of inciting spouses to revolt.

They are demanding five months' salaries, seven months of the National Employment Council new salary rates and a public apology by the management on all events surrounding the strike.

It is the company's contention that the issue of outstanding salaries in still pending at the Government arbitration thereby making the strike illegal and it now prays that the responsible ministry should issue a show cause order against the workers.

HCCL management argued that the strike's illegality also emanates from the fact that it is based on rights as opposed to interests and disobedience by workers who should have heeded the call to resume work after internal negotiations.