JETMASTER (Pvt) Ltd has been issued with a warrant of execution of property after it failed to honour an arbitral award of more than $6 000 given to three security guards summarily dismissed from the company.
The three guards, identified in court papers as S Gatsi, T Tsvanhu and G Chabuda, were awarded a combined $6 450 by arbitrator M Tokwani in February 2013 after she found the company guilty of underpayment of wages and unfair dismissal.
Read part of the warrant of execution, dated September 11 2014: “Whereas in this action the said applicant by the judgment of this court recovered against the said Respondent the several sums set out in the margin hereof, amounting in all to the sum of US$6 450. This is, therefore, to authorise and require you to that you cause to be levied from the property of the said Respondent the said sums set out in the margin hereof together with your costs of this execution and pay the said sum to the Applicant for which this shall be your warrant”.
The company, situated in Southerton, Harare, and is wholly owned by businessman Chiyangwa, had undertaken to pay the outstanding amount in installments starting January 2013.
However, the company has failed to honour its pledge, claiming it has been facing operational challenges since the introduction of the multi-currency regime in February 2009.
In their submissions to the court, the three workers had noted that they had not committed any offence to warrant dismissal, citing Statutory Instrument 301 of 1996, Clause 6 (a) which forbids arbitral dismissal.
They further argued that the termination of their employment did not follow any code of conduct, as prescribed by Section 12 B of the Labour Act Chapter 28:01. They also argued that they had been underpaid since 2012 which was in breach of their right to be paid their salaries in full as provided for in the Labour Act.