NUMAIZ FORCES EMPLOYER TO PAY TERMINAL BENEFITS to 2 UNFAIRLY DISMISSED EMPLOYEES

BY JAMES MUTASA

David Kavhukatema and Taurai Mutembo recently received their terminal benefits following intervention from the National Union of Metal and Allied Industries in Zimbabwe (NUMAIZ) after their employer General Leasing Private Limited opted to clandestinely dismiss them.

NUMAIZ referred the matter of non-payment of terminal benefits of Taurai Kavhukatema and David Mutembo to the National Employment Council for the Electronics Communications Radio & TV Manufacturing and Allied Industry for conciliation. 

“We appeared before the NEC for the Electronics Industry’s Designated Agent Boniface Madziwabende where General Leasing Private Limited represented by its Financial Director Mohammed Surtee agreed to pay the two unfairly dismissed employees their terminal benefits as agreed in the works council,” the deputy General Secretary of NUMAIZ Stephen Dhliwayo said.

“Section 8(e)(1) of the Labour Act Chapter 28:01 clearly states that an employer or any other person commits an unfair labour practice if by act or omission he fails to comply with or to implement a collective bargaining agreement,’’ went on Dhliwayo, ‘‘in this case the employer had intentionally failed to comply with an agreement had which he entered into with the worker’s committee in the works council.’’

According to Kavhukatema the Financial Director of General Leasing Communications Private Limited one Mohammed Surtee had terminated their contract of employment arguing that business had drastically reduced in Mutare.

“I worked for General Leasing Private Limited for more than 20 years and in 2023 Mohammed Surtee terminated my contract of employment alleging that business was no longer viable in Mutare,” Kavhukatema told The Worker.

‘‘In the works council the Financial Director agreed to pay us US$7200 distributed as us$3600 for me and the remaining US$3600 for Taurai Mutembo,’’ Kavhukatema said.

Kavhukatema further explained that the payment for terminal benefits was supposed to be completed on or before 31st of December 2023; however the payer deliberately neglected to pay the unlawfully dismissed employees the agreed terminal benefits resulting in the aggrieved part approaching NUMAIZ their trade union for remedy.

The financial director of General Leasing Private Limited, an official authorised distributor for Panasonic Telecommunications, Mohammed Surtee pointed out that the declining of business opportunities in Mutare had forced the company to close the Mutare branch where Kavhukatema and Mutembo operated from.

‘‘We have failed to sustain our Mutare branch, though we are not pleased that we have taken this long to pay our former employees their terminal benefits, we are happy that we eventually managed to pay them,’’ Surtee said.

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