Mohadi drags ex-worker to court

HOME Affairs Minister Kembo Mohadi has filed a court application challenging a decision by an arbitrator to award his ex-worker more than $37,000 as terminal benefits and pay for unfair dismissal.

According to the court papers filed at Bulawayo High Court on Friday, Mohadi through his lawyers, Mutuso, Taruvinga and Mhiribidi Legal Practitioners, is seeking an order to set aside the arbitral award granted in favour of his ex-worker, Mereki Zunde.

The award is for quantification and damages in lieu of reinstatement of $37,314.

Zunde, who was cited as the respondent in the matter, was employed at Vitafoam (Pvt) Ltd, a company belonging to the minister, between 1997 and June 30, 2004, when his contract was terminated.

Abigail Mohadi, managing director for Vitafoam (Pvt) Ltd, in her founding affidavit, said the arbitrator only identified as Gijima, misdirected herself in ruling that Zunde must be paid damages as substitute for reinstatement.

She said Gijima's decision lacked justification, arguing that Zunde was an employee of the company when it was still under the management of Verika Holdings. Mohadi bought the shares of the company on October 31, 2009.

"It's important to state that Zunde's contract was duly terminated in 2004 after the parties had engaged in arbitration proceedings. The presiding official ordered that if the parties fail to reach an out of court settlement, the employer must cancel the contract and pay all salaries and benefits due to the respondent. Vitafoam subsequently went into provisional liquidation in 2006 and then 10 years later, the respondent sought to quantify damages and was awarded damages in lieu of reinstatement of $37, 314," said Abigail.

She further argued that Zunde was supposed to proceed with the quantification of his benefits and pay soon after the arbitral award.

"It's respectfully submitted that respondent had a duty to proceed for quantification of benefits soon after the award had been made or within a reasonable time. Respondent had to wait for exactly a decade to have his award quantified and this is surely unreasonable in light of the fact that Vitafoam's shareholding structure had been changed," said Abigail.

She said the arbitrator should have quantified the pay and benefits from the time of dismissal to the granting of the awards in June 2004.

"Arbitrator in quantifying damages grossly misdirected herself in ruling that respondent must be paid damages in lieu of reinstatement as from February 2009 to December 2014. There's clearly no justification for such a judgment as the respondent's contract was terminated on June 30, 2004 not December 2014," said Abigail.

Zunde was employed by Vitafoam as an auto-electrician before he was unfairly dismissed. He filed a complaint and won it at arbitration.

Vitafoam unsuccessfully appealed against the award at the Labour Court.

Zunde then filed an application at the High Court in Bulawayo seeking to register the arbitral award in terms of section 98 (14) of the Labour Act.

On March 17 this year, Justice Andrew Mutema granted the order in favour of Zunde resulting in a writ of attachment on Vitafoam's property in the event that the company fails to pay Zunde $37,314.