MUTARE - Over 20 former employees of Amtec Motors disengaged in 2013 following the company’s takeover by Sambiri Investments are in a dilemma as their former employer is refusing to pay their exit packages.

Sambiri Investments is owned by Christopher Mushohwe who is the minister of Indigenisation and Economic Empowerment took over Forecourt and Select Shop garage and its current stock and  employees on new employment contracts.

The employees alleged Amtec misrepresented facts in a series of works council meetings held preceding the transfer; that there was continuity of employment for the workers, wherein actual fact management was aware that the property’s franchisor; ZUVA Petroleum, had engaged Sambiri investments on a new dispensation.

‘’It all started when the new dealer, Sambiri Investments re-engaged all of the workers after a probation. That is when we realised and established that the changeover from Amtec was not a transfer of undertaking management had claimed,’’ said one of the workers on condition of anonymity. 

Documents in possession of the workers highlighting deliberations between Sambiri and Amtec Motors indicate that it was agreed the latter was obliged to pay all outstanding amounts due; including unremitted statutory dues as well as their terminal benefits before starting on new employment.         

Apparently, this led the workers to drag their former employer before an arbitration for unfair termination claiming $242,608.54.

An Arbitrator with the National Employment Council (NEC) for the Motor Industry based in Mutare, C. T Dururu, presided over the matter and passed an Award that workers’, Sambiri Investments and Amtec should convene a meeting to ascertain the employment position of workers.

It was reported that in the meeting held late last year, Amtec Motors changed goals posts and maintained that the company could only consider giving terminal benefits to employees who would have terminated their employment with Sambiri Investments.

The workers charged and cry foul that Amtec was deliberately employing every dirty trick to deprive them of their terminal benefits. Amtec wrote to the workers recalling them for work .

‘’We all received letters from Mr. Chandahwa who is Amtec Dealer Principal recalling us  to resume work supposedly on the 2nd of January this year. The company highlighted they had resolved so claiming they were not capacitated to pay our terminal benefits,’’ said one of the workers.

Apparently, Amtec subsequently served all the employees with dismissal letters for failing to report for duty.

The workers said they declined to comply with the letter maintaining that they were entitled to their terminal benefits in line with the Labour Act.

When contacted for a comment, Amtec Dealer Principal, Eransim Ndongwe confirmed the case saying the company had resolved to reengage the workers since it never intended to retrench.

‘’As a company, we avoided unemployment of the workers by facilitating their reengagement with Sambiri Investments. Their argument was technical that the new dealer placed them on probation therefore they were taken as new employees. Amtec made a position that if the workers are aggrieved with the new dealer, they should come back to reengage with Amtec. It’s a ransom for them because we are making an effort to avoid unemployment in the country that way. There is no law which bars a company to reengage its workers even after 10 years,’’ he said

The workers, however, further queried the manner In which their NEC  and a splinter trade union representative preying in the motor industry identified as AAWUZ has handled the case alleging that it was becoming apparent that they were working in cahoots to short-change them of their benefits.

‘’We feel we are  at crossroads  because the trade union representing us in this matter, AAWUZ led by Albert Chimunhu is now becoming evasive on the matter. We also query why the NEC D.A in adjudicating the matter  failed to consider a clear submission when  Amtec admitted it was bound to payout terminal benefits,’’ said the workers.

Efforts to get a comment from AAWUZ were unfruitful as the Officer could not pick up his phone in a series of calls.