News / National
Massmart fired workers for attending anti-sanctions campaign
20 Jun 2011 at 04:25hrs | Views
FOUR workers with a Harare wholesaler lost their jobs for taking a day off to attend the National Anti-Sanctions Petition Campaign launch by President Mugabe early this year.
Freddie Matika, Vitalis Mbanje, Tendai Zengeni and Netsai Kureya - who were employed by Massmart Wholesalers in Msasa, Harare - were fired for attending the launch on March 12 after being refused permission to take time off although labour laws mandate a lower penalty for just one day's unapproved absence.
The fifth one, only identified as Godfrey, was later reinstated.
The five had sought permission from their employer Mr Gary Phinburger to go and append their signatures to the anti-sanctions petition.
Mr Phinburger reportedly turned down the request.
However, this did not deter the five as they defied their employer's directive not to absent themselves from work for the launch.
When they reported for work, the employer told them that they were fired for absenteeism, even though this unapproved absence was just one day.
Matika and Mbanje then confronted the employer through the Mushandi Munhu Worker's Federation, over his decision to fire them but nothing materialised.
Matika and Mbanje pursued their case and were later given US$660 and US$440 respectively as their packages.
The other two are reportedly still to claim their severance packages.
Said Matika: "When we came back the following day, our boss told us that we were fired from work.
"He categorically stated that he was against the signing of the anti-sanctions petition campaign launch, so there was no reason for him to consider our request."
When state reporters called Mr Phinburger on his mobile phone, a worker, who refused to be identified, answered it.
He confirmed the incident saying the five were fired, but only one of them was reinstated.
He also confirmed that Matika and Mbanje were given their severance packages while the other two were still to claim their packages.
"It happened and the employer has since resolved the labour dispute by paying the two the said amounts after terminating their contracts," he said without giving further details.
Harare lawyer Mr Isheunopa Mataka of Matsikidze and Mucheche law firm said if that happened, then the employer contravened provisions of the labour law.
He said no worker should be fired for absenting him or herself from work for one day, in terms of the labour law.
"It is not legal for an employee to be fired for one day absenteeism. The employer should charge his or her employee for misconduct and convene a disciplinary hearing of which findings should not guarantee him or her to terminate the employee's contract," he said.
Another lawyer from Masvingo, Mr Phillip Shumba echoed the same sentiments adding that an employer may fire an employee for being absent from work for a period exceeding five consecutive days.
"The action taken was unlawful. The employer flagrantly flouted the provisions of the Labour Act," he said.
Freddie Matika, Vitalis Mbanje, Tendai Zengeni and Netsai Kureya - who were employed by Massmart Wholesalers in Msasa, Harare - were fired for attending the launch on March 12 after being refused permission to take time off although labour laws mandate a lower penalty for just one day's unapproved absence.
The fifth one, only identified as Godfrey, was later reinstated.
The five had sought permission from their employer Mr Gary Phinburger to go and append their signatures to the anti-sanctions petition.
Mr Phinburger reportedly turned down the request.
However, this did not deter the five as they defied their employer's directive not to absent themselves from work for the launch.
When they reported for work, the employer told them that they were fired for absenteeism, even though this unapproved absence was just one day.
Matika and Mbanje then confronted the employer through the Mushandi Munhu Worker's Federation, over his decision to fire them but nothing materialised.
Matika and Mbanje pursued their case and were later given US$660 and US$440 respectively as their packages.
The other two are reportedly still to claim their severance packages.
Said Matika: "When we came back the following day, our boss told us that we were fired from work.
"He categorically stated that he was against the signing of the anti-sanctions petition campaign launch, so there was no reason for him to consider our request."
When state reporters called Mr Phinburger on his mobile phone, a worker, who refused to be identified, answered it.
He confirmed the incident saying the five were fired, but only one of them was reinstated.
He also confirmed that Matika and Mbanje were given their severance packages while the other two were still to claim their packages.
"It happened and the employer has since resolved the labour dispute by paying the two the said amounts after terminating their contracts," he said without giving further details.
Harare lawyer Mr Isheunopa Mataka of Matsikidze and Mucheche law firm said if that happened, then the employer contravened provisions of the labour law.
He said no worker should be fired for absenting him or herself from work for one day, in terms of the labour law.
"It is not legal for an employee to be fired for one day absenteeism. The employer should charge his or her employee for misconduct and convene a disciplinary hearing of which findings should not guarantee him or her to terminate the employee's contract," he said.
Another lawyer from Masvingo, Mr Phillip Shumba echoed the same sentiments adding that an employer may fire an employee for being absent from work for a period exceeding five consecutive days.
"The action taken was unlawful. The employer flagrantly flouted the provisions of the Labour Act," he said.
Source - TH
