By Martin Muleya.
Mutare. (News Of The South) – The recent ruling by the Supreme Court of Zimbabwe that has left most employees being at the mercy of employers has claimed several scalps in Mutare.
The Supreme Court of Zimbabwe through Chief Justice Godfrey Chidyausiku gave a ruling that employers could terminate their employees’ contracts after giving them three month notice and further stated that it was upon the employer’s discretion in consultation with the employee to map out how the latter would be given his package.
Bonda Mission High school terminated employment contracts of two of their general workers, which were handed over to a certain Ms Mabvure.
The letter of termination which this paper has in possession was written to her last week Tuesday and was signed by the headmaster Mr Samanga.
“I address you with respect of the above, and acknowledge communication problems emanating from the correspondence you received from the former Education Secretary Mr. Nyatsanza. I have considered all the factors and i do rescind the flawed procedure adopted. Thus you are reinstated from the date of the said letter terminating your contract of employment with ourselves.
“However it is common cause that you are not fit for any other duty and the school does not have any other job you can do. To this end in terms of your employment contract, we hereby give you notice of termination of employment three months from 22 July 2015 to 22 October 2015. During this period you are given leave of absence, you need not come for work,” read part of the letter.
The purge also hit Hillcrest schools in Penhalonga where seventy-four workers inclusive of 15 teachers were also shown the exit door.
The letter of termination of employment contract was addressed to Mr Pavari and signed by the Hillcrest group of Schools Human Resources Officer Mr. Hailaki.
“You are hereby given 3 months notice of the schools decision to terminate your contract of employment in terms of Common Law as read with the Labour Act Section 12 (4) (a). The notice period runs from 24 July 2015 to 31 October 2015.
“Notwithstanding the effective date of termination, you are directed not to report for duty with immediate effect. The school has, in terms of the Labour Act Section (12) (7), opted to pay cash in lieu of notice. Accordingly you will continue to receive your salary to the three months corresponding to the notice period,” also read part of the letter.
Meanwhile Mount View hotel in Mutare owned by former Air Zimbabwe board chairman Jonathan Kadzura, offloaded 28 workers yesterday morning.
Zimbabwe Congress of Trade Unions (ZCTU) Secretary General Japhet Moyo issued a press release appealing to President Robert Mugabe to invoke Presidential Powers Measures to stop the terminations that he described as senseless. He said if President Mugabe does not act up, many stranded workers will find themselves on the streets demonstrating against the government.
He further noted that the labour body was prepared to hold street demonstrations until government finds a lasting solution that guarantees that labour laws are reformed.
“The ZCTU has engaged government through the Tripartite Negotiating Forum and it has been agreed that the Presidential Powers Temporary Measures be invoked, otherwise workers will be left with no option, but to flood the streets, to vent their anger. The ZCTU is prepared to hold street demonstrations until government finds a lasting solution t the problem,” said Moyo.
Moyo reiterated that the ‘sudden’ dismissals in various workers place were more of victimization purges than genuine restructuring exercises that has turned a workplace into nightmare for employees.
He said while acknowledging the legal right of parties to an employment contract, the ZCTU viewed the latest rulings as wrongly interpreted and meant to mislead the population that employers and employees have the same rights.
Recent court judgements have usurped the labour reform process and have rendered the TNF useless by gushing out regressive judgements that renders all TNF agreements a nullity.
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