BY JAMES MUTASA

The Designated Agent of the National Employment Council for the Motor Industry, Anyway Madzure recently ordered that Jeminoti Mavuvo pay his former employer Apex Auto Brakes Private Limited 3 months notice pay as compensation for terminating his contract of employment without giving adequate notice.

Mavuvo who had resigned from employment without notice alleging that the employer had deliberately made continued employment intolerable and referred the matter to the NEC for Motor Industry for conciliation alleging constructive dismissal.

“In oral and written submissions both parties submitted that the claimant resigned. The claimant did not provide convincing evidence that the respondent made employment conditions unbearable. The claimant was not forced to resign and therefore the notice and damage claims fall away. The claimant should pay the Respondent 3 months’ notice,” stated Madzure in his determination.

Madzure’s reasoning that there was no forced resignation drastically reduced Mavuvo’s total claim of US$21650.28 to a mere US$3585.69 as it dismissed his claim of compensation for the unlawful loss of employment and notice pay.    

In his submissions submitted to the Designated Agent, Mavuvo claimed that he was employed by Apex Auto Brakes Private Limited as a machinist clutch assembler on the 27^th of May 2020 under an open ending contract.

The submission further stated that Mavuvo’s monthly wage was US$80.00 per month which was later moved to US$120 and US$180.00, no pay slips were given, no transport and housing allowances were being provided and no overtime paid.

No remittances of 12.5% of basic pay as pension were being paid to Motor Industry pension Fund in terms of SI 66/95. No soap allowances were provided at 1kg per month No leave was being given to neither claimant nor leave pay given for the period.

‘The claimant now claims notice pay, cash in lieu of leave, 24 bars of soap pension, underpayments unpaid overtime transport and housing allowance all amounting to US$21650.28,’ reads Madzure’s determination     

But Funnel Rusere the Director of Apex Auto Brakes Private Limited disputed Mavuvo’s claim insisting that he had resigned on his own accord.

Part of Madzure’s determination reads, “the tribunal issued many notifications to parties to attend hearings and the claimant turned up on all hearings while the Respondent only turned up the first and second hearings and did not attend the third and oral hearing which he did not even give reasons for failure to attend hearing proceedings. The respondent did not file written submission though verbally he dismissed the claimant’s claims and instead that the claimant resigned on his own. The Designated Agent who is the hearing officer invited parties to attend oral hearing scheduled for 02 October (2024) and only the claimant turned up. The hearing officer gave the parties ample time to be heard and file written and oral submissions. Claimant cannot wait forever and as per provision of section 2 of the Labour Act Chapter 28:01, Labour matters ought to be resolved in a fair and expeditious manner and therefore the determining authority will make a determination basing on available records”.

Madzure concluded his determination, “the payment should be paid within 30 days from date of receipt of the determination. US$3585.69 and 24 bars of soap to Jeminoti Mavuvo as underpayments, unpaid leave days and pension fund instead of US$21650.28”.