TWENTY-FOUR employees at Lion West North Mine in Filabusi have filed an application at the Labour Court, seeking an order upholding the arbitration award of $38 220,42 in outstanding salaries.
BY MTHANDAZO NYONI
The workers and their employer had initially appeared before the Public Service, Labour and Social Welfare ministry principal labour officer, Isaac Mwale, who upheld that they should be paid the said amount.
After granting an award in favour of the workers, Mwale filed an application to the Labour Court on behalf of the workers seeking an order compelling the mining company to pay them their dues.
The workers were contesting what they termed as unfair dismissals, non-payment of terminal benefits and underpayment.
“The matter was set down for reconciliation, but could not be resolved through reconciliation,” Mwale submitted.
In his submission, Mwale said the complainants had been employed by the mine for two years and had been working overtime without compensation.
He said their contracts were terminated in December 2016.
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The matter was set down for reconciliation, but parties failed to reach an agreement resulting in the matter being dealt with in terms of section 93 (5) (c) of Labour Act, Chapter 28:01.
Workers’ representative, Shadreck Pelewelo said the workers had a contract of unlimited time when their contracts were terminated.
“It is in this view that they perceived the claimants as having a contract of no fixed time and as such termination should be done as if it was the contract of permanent employees that were being terminated by giving the three months’ notice. The three months’ notice for all employees amounts $18 151,56,” the submissions read.
He further argued that the employer had been underpaying them without a certificate of exemption from the National Employment Council (Nec).
“Given that employer was paying $180 instead of $249 in terms of the minimum wage rate of the Nec mining they were being underpaid for the period in question amounting in total for the 24 claimants to $38 220,48,” the submissions read.
He said the workers were entitled to damages in lieu of alternative employment which were calculated as 12 months’ salary for each worker amounting to $72 606,24 for all 24 workers.
Pelewelo further avers that the claimants were entitled to gratuity amounting to $453,79. He argued that all the employees were entitled to vacation leave for the two years in employment which amounts to 412 092,04.
In response, Lion West North Mine said the employees’ representatives failed to prove that the workers were dismissed, let alone unfairly as alleged.
The company argued that the matter be dismissed since it was bereft of merit and was more of a witch-hunt.
In his analysis Mwale ruled that common cause facts in this matter are that evidence placed before him did not suggest any unfair dismissal, but that the termination of contracts of employment was at the expiration of the contracts.
In his draft order, Mwale dismissed the claim of unfair dismissal and claim of gratuity for lack of merit.
He had ruled that they be paid total salaries amounting to $38 220,48.
“The respondent is hereby ordered to pay $8113, 20 as cash in lieu of 60 days leave due to the 15 workers that are no longer in the employ of the respondent,” ruled Mwale.
Labour court is yet to give judgment on the matter.
