Bosso lose Fathi case

IT never rains but it pours for the embattled Themba Ndlela-led Highlanders executive after the president of the Labour Court of Zimbabwe, Mercy Moya Matshaga, ruled that they should pay former coach Mohamed Fathi his dues.
The two parties have been at loggerheads since September with the Egyptian gaffer insisting that Bosso owe him US$32 000 while the club said it was much less.
An initial order was for Highlanders to pay him US$12 000 which the club agreed they owed.
The Labour Court was still to determine whether Fathi's claims for close to US$20 000 were justified.
In her judgement, Moya Matshanga noted that Highlanders, who were represented by Kucaca Phulu of Phulu, Ncube and Associates engaged Fathi as technical manager in September 2009. This was on the strength of his curriculum vitae which indicated among other things that he had a degree in sports science and a Fifa (Uefa) coaching course qualification. Highlanders wrote to Zifa seeking authority to engage him on the strength of the aforesaid qualifications.
He was engaged on a salary of US$4 000.
In a twist of events Highlanders, refused to pay him a full salary and instead offered him US$2 000 a month for the last three months he was at the club. They argued that he was under-qualified after working with him for close to a year.
"The club says the coach submitted a degree transcript and three more certificates. There is no evidence that Highlanders ever spoke to him about the certificates. "The contract was signed after the respondents (Highlanders) satisfied themselves that he could coach internationally. In my view the contract is a complete and written document which is binding on both parties. None of the parties can without leading evidence now seek to modify the contract as is now happening in casu," read part of the ruling.
In refusing to pay Fathi his dues, Highlanders, she said, were contravening Section 13 of the Labour Act Chapter 28:01 which enjoins the employer to pay an employee wages due to him in the event of resigning, dismissal, incapacitation etc.
"To continue to withhold such wages or salary without the minister's (of Labour) consent is actually a criminal offence in terms of the Act."
Highlanders were thus ordered to pay Fathi US$4 000 a month from July to September and gratuity at the agreed rate up to the date of resignation. Highlanders were also ordered to pay the costs of the application.
Fathi was represented by Sherperd Chamunorwa of Calderwood, Bryce, Hendrie and Partners Legal Practitioners.
With legal costs, Bosso could end up paying close to US$40 000 adding more misery to their well-documented financial woes.
Meanwhile, a catastrophe is looming at Highlanders as they risk losing their entire first team players following stunning revelations that a minimum of 10 players have their contracts expiring at the end of the month.
What complicates the issue for Bosso is that none of the players have put pen to paper as yet for an extension, with just three weeks left on the contracts.
Investigations by this paper showed that Innocent Mapuranga, Gilbert Banda, Gift Lunga Jnr, Zephaniah Ngodzo, Joel 'Josta' Ngodzo, Mernard Mupera, Bekithemba Ndlovu, Protasho Kabwe, Simbarashe Gate and Eric Mudzingwa were left with a few days on their contracts with the club.
"A number of us have contracts expiring in three weeks time. The team has not tabled something tangible as yet," said one of the players on condition of anonymity.
The player said most of them still have Highlanders at heart but sincerity seems to be lacking in some of the Highlanders executives who are on the negotiating team.
Andrew Tapela, the Highlanders secretary and Odiel Nkomo, the treasurer, are the two committee members tasked with negotiating with the players.
Club chairman, Ndlela, upon being asked what Highlanders was doing to avert the alarming situation within the club, however, said they were sure to get the players they wanted.
"I am certain we will get those players we want, especially those that are originally Highlanders. We have some who are on loan from other clubs and for such players we will stand guided by the coach whom we are going to appoint before the pre-season preparations for 2011," said Ndlela.
Asked to explain what he meant by players who are originally Highlanders, Ndlela said he was talking about players who are not on loan from any other team but just have their contracts expiring.
"Yes, their contracts might be coming to an end but I am positive that we will make a breakthrough as long as we need them," he said.
Caps United have already expressed interest in the midfield duo of Eric Mudzingwa and Joel Ngodzo while Dynamos said their eyes are on the young Ngodzo.