News / Local
ZITF dragged to court
28 Jan 2016 at 00:44hrs | Views
TWO former employees of the Zimbabwe International Trade Fair (ZITF) Company have taken it to the Labour Court over non-payment of compensation for loss of employment.
Silinganiso Moyo and Ndumiso Hlomuka's contracts were terminated on three months' notice following a Supreme Court ruling of July 17, 2015.
They were served notices ending on October 31, 2015 and are demanding that their former employer pays them packages as per provisions of the amendment to Labour Amendment Act Number 5 of 2015 Section12C of Cap 28:01 which compels employers to compensate terminated workers.
Moyo was employed as the human resources manager while Hlomuka served as works manager.
The duo is alleging discriminatory practices on the part of the ZITF Company management following revelations that the firm had since paid compensation to other employees whose contracts were terminated under the same ruling.
They further allege that management has flatly refused to afford them a platform to discuss the issue from September 2015 but that the same privilege was extended to fellow retrenchees who have since been paid their dues. ZITF Company refuses to pay the packages citing a constitutional challenge by the Employers' Confederation of Zimbabwe (Emcoz) to provisions of the amendments.
However, they have failed to supply the duo with a stay of execution from the provisions of the Act.
"The issue of retrenchment packages as per Labour Amendment Act no5 of 2015 is being challenged by Emcoz through their lawyers.
"As members of Emcoz, we've forwarded all your letters to the lawyers who're handling the matter and we've advised them to respond to you accordingly. You'll also note that as the application is to the High Court, any proceedings over the matter are on hold until the Court makes its ruling" wrote ZITF Company general manager, Nomathemba Ndlovu.
Initially, the duo had been told that their matter was awaiting determination by the Labour board of the ZITF Company which would then transmit its decision to the full board by November 24, 2015.
It is the duo's belief that the trade fair company was deliberately discriminating against them as the same was not done to payments for the other affected employees.
According to a document generated by the ZITF Company and one of the workers retrenched after Moyo and Hlomuka, ZITF, represented by Mandla Mahlangu and Davies Ndumiso Sibanda as employer witnesses, said: "The retrenchment package which shall be calculated based on month's salary for every two years worked shall be paid by December 31, 2015.
"Leave days shall be paid in the months of January and February 2016.
This shall be the full and final payment for service rendered to ZITF Company and no further claim shall be made whatsoever from the employer."
The document is dated October 6, 2015.
As the communication makes no reference to the ZITF board deliberating on the packages nor does it make reference to the challenge to the amendment by Emcoz, this has led Moyo and Hlomuka to feel the ZITF Company is using the challenge as a smoke screen to deny them their packages.
The two former ZITF Company workers have since taken the matter to the Labour Court where a Certificate of No Settlement dated January 26, 2015 has been issued.
The parties are set to present their submissions to court on February 4 after which a date for a hearing would be given.
Silinganiso Moyo and Ndumiso Hlomuka's contracts were terminated on three months' notice following a Supreme Court ruling of July 17, 2015.
They were served notices ending on October 31, 2015 and are demanding that their former employer pays them packages as per provisions of the amendment to Labour Amendment Act Number 5 of 2015 Section12C of Cap 28:01 which compels employers to compensate terminated workers.
Moyo was employed as the human resources manager while Hlomuka served as works manager.
The duo is alleging discriminatory practices on the part of the ZITF Company management following revelations that the firm had since paid compensation to other employees whose contracts were terminated under the same ruling.
They further allege that management has flatly refused to afford them a platform to discuss the issue from September 2015 but that the same privilege was extended to fellow retrenchees who have since been paid their dues. ZITF Company refuses to pay the packages citing a constitutional challenge by the Employers' Confederation of Zimbabwe (Emcoz) to provisions of the amendments.
However, they have failed to supply the duo with a stay of execution from the provisions of the Act.
"The issue of retrenchment packages as per Labour Amendment Act no5 of 2015 is being challenged by Emcoz through their lawyers.
"As members of Emcoz, we've forwarded all your letters to the lawyers who're handling the matter and we've advised them to respond to you accordingly. You'll also note that as the application is to the High Court, any proceedings over the matter are on hold until the Court makes its ruling" wrote ZITF Company general manager, Nomathemba Ndlovu.
Initially, the duo had been told that their matter was awaiting determination by the Labour board of the ZITF Company which would then transmit its decision to the full board by November 24, 2015.
It is the duo's belief that the trade fair company was deliberately discriminating against them as the same was not done to payments for the other affected employees.
According to a document generated by the ZITF Company and one of the workers retrenched after Moyo and Hlomuka, ZITF, represented by Mandla Mahlangu and Davies Ndumiso Sibanda as employer witnesses, said: "The retrenchment package which shall be calculated based on month's salary for every two years worked shall be paid by December 31, 2015.
"Leave days shall be paid in the months of January and February 2016.
This shall be the full and final payment for service rendered to ZITF Company and no further claim shall be made whatsoever from the employer."
The document is dated October 6, 2015.
As the communication makes no reference to the ZITF board deliberating on the packages nor does it make reference to the challenge to the amendment by Emcoz, this has led Moyo and Hlomuka to feel the ZITF Company is using the challenge as a smoke screen to deny them their packages.
The two former ZITF Company workers have since taken the matter to the Labour Court where a Certificate of No Settlement dated January 26, 2015 has been issued.
The parties are set to present their submissions to court on February 4 after which a date for a hearing would be given.
Source - chronicle
