RENOWNED eye surgeon Solomon Guramatunhu, who runs Greenwood Park Eye Centre in Harare, is embroiled in a nasty labour dispute with his employees after he reportedly tried to force them to sign new one-year contracts, NewsDay can reveal.
BY RICHARD CHIDZA
Workers who spoke to NewsDay confirmed the development.
“It’s either you sign or you consider yourself resigned. This is what we have been told. People are scared and some have signed because they felt they did not have a choice. Those that are dragging their feet or have refused are being threatened,” NewsDay heard.
A copy of the new contract seen by NewsDay says: “We are pleased to offer you a position as … at Greenhood Park Eye Centre with effect from June 1, 2016 to May 31, 2017. Please note that this is a one-year contract which shall only be renewed when your performance has been evaluated and has satisfied the managing director.”
Contacted for comment Guramatunhu, who is the managing director, said the issue was being addressed, but said he did not have much details.
“I do not deal with human resources. I think they are trying to sort it out. I employ more than 76 people and if there is any problem I am sure they are sorting it out. I am aware there is some performance appraisal going on and I suppose that is causing confusion, but it is not my style to victimise workers,” the medical practitioner said.
About six of Guramatunhu’s employees have been with him for a decade, one has served for 22 years, around three between eight and 10 years, another six years and another about three years, while a few have been there for less than a year, according to workers’ sources.
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The contract also lists a set of terms, including performance targets, remuneration, taxation and leave days accrual. Ironically, for a medical facility, there was no medical aid and “one-month notice by either party shall suffice to terminate this contract unless termination is on the grounds of poor performance or serious misconduct, in which case termination will be with immediate effect”.
A representative of Galaway, the consultancy firm hired by Guramatunhu to draft the new contracts, confirmed the development, but claimed the two contracts were running concurrently.
“The client asked us to draw up performance contracts that he can monitor every three months, but they are not doing away with the old contracts. The two contracts are running concurrently and when one of the parties decides to walk away, the old contracts then takes effect and they will get everything they are owed in terms of that contract.
“We explained this to all the workers and are in the process of writing letters to confirm this. People are just panicking. However, those who have just joined are being hired on the new terms,” Albert Chandavengerwa, a partner at Galaway, said.
“As consultants, we just did our job and left, it’s the way we operate.”
However, labour lawyer Rogers Matsikidze of Matsikidze and Mucheche Legal Practitioners said it is impossible for one employee to have two valid contracts with one employer.
“A person can only have one contract with one employer. It is not possible to have two parallel contracts running. The moment a new contract is signed, the old one is superseded. It is known as novation in legal terms. The new contract immediately takes effect,” Matsikidze said yesterday.
Chandavengerwa later said he was not aware that workers were being forced to sign.
“I did not know that they are being given no option,” he said, promising to come to NewsDay to explain what happened in detail. His brother and partner at Galaway, Matthew, also called NewsDay and said the new contracts had since been withdrawn. “This issue is causing problems and we have decided to shelve it. We have suspended the whole thing,” the Galaway executive said.
Another labour expert, Zakeo Mtimutema, concurred with Matsikidze and said a closer analysis of the new contract was required.
“Unless it is an amendment to the old contract, no two contracts can run concurrently. There is need for close analysis of the new contract to see whether it does not infringe upon the rights of the workers given in the existing contract. But it is obvious that the workers will not have job security and at the end of the year they will lose their jobs,” Mtimutema said.
