THE Zimbabwe United Passengers Company (Zupco) has approached the Supreme Court seeking to challenge the Labour Court’s order compelling the parastatal to reinstate or pay damages to fired workers’ committee chairman, Onson Mashinga.
BY CHARLES LAITON
The appeal was filed on Wednesday last week under case number SC491/15 and is yet to be set down for hearing.
Mashinga, who was both a depot (Harare) and national workers committee chairman, had his contract of employment terminated in September last year after he was accused of referring workers’ salary grievances to lawyers, Wintertons Legal Practitioners.
The Zupco disciplinary committee had ruled Mashinga did not have the mandate of all the 813 employees authorising him to refer the matter to the legal practitioners.
After being dismissed, Mashinga appealed to the Labour Court and Justice Gladys Mhuri ruled in his favour and ordered his reinstatement or payment of damages.
“Dismissal is only imposed at the third breach. From the record, respondent (Zupco) imposed a dismissal penalty for a first transgression. By so doing, it faulted in my view as it went against the provisions of the code,” Justice Mhuri said.
“Respondent cannot be allowed to impose the harshest penalty just because it is of the view that there are aggravating factors…Respondent is to reinstate appellant to his original position without loss of salary and benefits from date of dismissal.
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“In the event that reinstatement is no longer possible, respondent is ordered to pay appellant damages, the quantum of which is to be agreed between the parties upon failure of which either party approaches the court for quantification.” she said.
Aggrieved by the Labour Court’s ruling, Zupco, through its lawyers from Chinawa Law Chambers, approached the Supreme Court arguing Justice Mhuri erred in her finding.
Zupco said Justice Mhuri erred in finding that Mashinga was dismissed for exercising his right as a trade union or workers committee member when it was clear on evidence before her that Mashinga did not have the mandate to represent the employees.
“Overally, the court aquo erred at law in ordering reinstatement or payment of damages in lieu of reinstatement in the circumstances. Wherefore the appellant prays that the judgment of the court aquo be set aside,” Zupco said.
Mashinga is being represented by the Transport and General Workers Union.
