HomeNewsFormer employees demand over $100 000 from Delta Beverages

Former employees demand over $100 000 from Delta Beverages


NINE former workers at Delta Beverages have taken the beverages manufacturer to the Labour Court seeking to challenge termination of their contracts and demanding over $100 000 in terminal benefits.


Through their lawyers, Mavhunga & Associates, the employees accused the firm of illegally terminating their contracts.

In a letter addressed to Delta Beverages, dated September 30, 2014, the workers’alawyers said: “All our clients were employed by your organisation for a consecutive period varying from nine months to 19 months. On the 25th of September 2014 you unilaterally, unlawfully and without notice, terminated our clients’ contracts of employment.

“Documents in our possession show that you made our clients sign monthly contracts for a continuous period ranging from nine months to 19 months so as to create the impression that they are and would continue to be casual workers.

“We wish to reiterate that our clients’ contract of employment entitled them to notice and severance packages as they were not casual, but permanent employees.”

The lawyers further argued that Section 12 (3) of the Labour Act was categorically clear that when “one is engaged for a period of more than six weeks within a consecutive period of four months, he/she becomes a permanent employee”.

The lawyers said the firm proceeded to provide leave days and cash in lieu of leave to their clients, a condition which was not consistent with casual workers.

“You went on to deduct NSSA, Pay As You Earn contributions as well as the Aids Levy which also contradicts casual workers title. We are curious to know whether such contributions were ever remitted given that you treated our clients as casual workers,” the lawyers wrote.

“May we have payment of the sum of $106 464 at our offices within the next 5 days failure of which we will be referring the matter for conciliation and arbitration in terms of the law.”

The matter was on Monday this week referred for conciliation.

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