FORMER Zimbabwe Mining Development Corporation (ZMDC) chief finance officer, Wilson Chinzou, has taken his former paymasters to court demanding payment of $139 904 in terminal benefits and salary arrears after the parastatal reneged to fulfil the terms of the mutual termination of contract of employment between the parties.
BY CHARLES LAITON
Chinzou issued his summons against ZMDC on May 18 this year and the latter responded to the litigation on June 16.
In an affidavit through his lawyers, Bruce Tokwe Commercial Law Chambers, Chinzou said he was claiming payment of his terminal benefits, arrear salaries as well as his unremitted pension contributions.
“This is a claim for payment of terminal benefits, arrear salaries as well as unremitted contributions due and owing to the plaintiff (Chinzou) in terms of an agreement on mutual termination of contract of employment,” Chinzou said.
“The plaintiff was employed by the defendant (ZMDC) as its chief finance officer. On the 17th of February, the plaintiff and the defendant entered into an agreement on mutual termination of contract of employment in terms of which the parties agreed to mutually and voluntarily terminate the employment relationship between them.”
According to Chinzou, in terms of the agreement, the parties agreed that, as part of the mutual termination conditions, ZMDC would pay him $55 313, 49 being arrear salaries and terminal benefits and $6 921 being unremitted pension contributions.
“Further, it was agreed that the defendant would pay the plaintiff contributions made towards the Mining Industry Pension Fund, being $6 921 which contributions were deducted from the plaintiff’s salary monthly but were never remitted to the pension fund,” he said.
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“In breach of the agreement, the defendant defaulted in paying the agreed instalments in respect of the $55 313, 49. The defendant has only paid $1 000 to date. Further, defendant has refused/failed to pay the pension fund contributions stated above despite acknowledging the same.
“The defendant is, therefore, liable to pay plaintiff the sum of $139 904, 68. Further, the defendant is liable to paying interest on the claimed amount at the prescribed rate as well as costs of suit on a legal practitioner and client scale.”
The matter is still pending.
