BULAWAYO High Court judge Martin Makonese has ordered TM Supermarkets to pay three of its section managers over $2 000 each as back pay after the company underpaid them as punishment for refusing to work on Unity Day in 2009.
Senior Court Reporter
Unity Day falls on December 22 each year. Itayi Nkomo, Thembinkosi Nyathi and Nicholas Khumbula Tshili raised the issue with management, but it was reluctant to pay them the money and they had to go for arbitration where an award was made in their favour. “It is ordered that the arbitral award of the arbitrator dated October 23 2012 be and is hereby registered as the order of this Honourable Court. The total amount of the award in United State Dollars 2 390 each,” ordered Makonese. The arbitration award read: “I therefore hold and order the following: that the claimants be paid a total of $2 390 each for underpayments. “That the respondent normalise the compensation system for the claimants in order to ensure equity, fairness and objectivy. “This should be done 30 days before receiving this award.” However, TM management approached the Labour Court appealing against the arbitrator’s award and on January 10, president of the Labour Court, Selo Nare, suspended its operation. Nare’s ruling was, however, overruled by Makonese’s judgment five days later in which he registered the arbitrator’s order as that of the High Court. The wrangle between the managers and their employers started in 2009 after they refused to work on December 22 because their employer had refused to pay them bonuses, but allegedly chose to buy 23 luxury vehicles instead.
