admin Mashudu Netsianda Senior Court Reporter
THE Bulawayo High Court has ordered the late Vice-President Landa John Nkomo’s son, Jabulani to pay his ex-employees $23,072 in outstanding salaries after they won an arbitral award. Justice Nokuthula Moyo made the ruling on Friday following a court application by nine former Astra Building workers who sought to register the arbitration award in terms of section 98 (14) of the Labour Act.
Justice Moyo ruled that in the event that Nkomo fails to pay the outstanding salaries within 10 days, Astra Building risked having its property attached to recover the money.
Jeshuwa Zvinavashe, Cephas Taruvinga, Judith Nyatsanga, Clyde Charunda, Emelio Gwemende, Justin Mugadza, Silas Gonouya, Norman Marumisa and Abuneri Cheteni who are the applicants won the arbitration award on February 26 against Astra Building which was cited as the respondent.
Zvinavashe, the applicants’ representative, in his founding affidavit, said the non-payment of their salary arrears were for the period between September 2012 and May 2014.
They are owed amounts ranging between $1,900 and $3,400.
Nkomo, who is the company’s managing director, in his opposing affidavit, challenged the arbitration award, arguing that the application was incompetent with no legal basis.
Nkomo, through his lawyer James Mutsauki, contended that he paid some of the salaries for the relevant months in terms of the arbitral award.
He deducted some of the money from the employees’ salary arrears, arguing that the applicants caused the attachment of a bus belonging to the estate of the late Landa John Nkomo.
“Deductions arise from the loss of business occasioned by the attachment of the bus. The applicants were each paid as ordered and each one of them has no cause of approaching this court seeking to register an award that has been and is being complied with,” argued Nkomo.
Justice Moyo said Nkomo’s move to deduct the workers’ money over the bus was unlawful.
“You can’t be a law unto yourself. The respondent should pay the applicants their dues in terms of the law. The issue of the bus will be determined in a proper forum. In fact, the court frowns at such conduct by the respondent and accordingly the order is granted in favour of the applicants,” ruled the judge.
Justice Moyo also ordered Nkomo to pay the applicants’ legal costs.
Nkomo, in April, wrote to the applicants informing them of the deductions amounting to $1,500 which were calculated as per May 1, 2015.
The applicants through their lawyer, Advocate Samp Mlaudzi said Nkomo failed to comply with the award as per the arbitrator in the last three months. They said no payment was made towards clearing their salary arrears.
On November 30, 2012, Astra Building workers obtained an arbitration award against their employer for non-payment of salaries for the period between July 2011 and August 2012.
Bulawayo magistrate Marylin Mutshina in September last year issued an execution order to have the company’s Mercedes Benz bus attached.
In February this year Astra Building filed an appeal at the High Court challenging the execution order.
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