adminDaniel Nemukuyu Harare Bureau
The High Court on Monday threw out a bid by Crittal Hope Private Limited, a company linked to businessman Philip Chiyangwa, to stop the removal and auctioning of the firm’s attached property over a $384,000 debt. Eighteen former Crittal Hope workers, who were retrenched in 2012, successfully sued their employer through their lawyers Caleb Mucheche and Advocate Thabani Mpofu over unpaid packages.
They obtained a writ of execution against the company and attachment was stopped after Crittal Hope filed an urgent chamber application barring the attachment process and subsequent auctioning of the property.
Mucheche and Adv Mpofu on Monday convinced the court to throw out the interdict.
Justice Happias Zhou dismissed the application for lack of merit, a development that clears the way for the deputy sheriff to execute the order.
The High Court in September, registered an arbitral award for payment of the money by Arbitrator Joel Mambara.
Mambara in December last year awarded the retrenched workers packages ranging from $2,600 to $58,000.
On October 30, 2012, Crittal Hope, which was struggling to pay its workers, got a ministerial order to retrench the 18 workers.
Payment of the packages was to be done within six months from the date of issuance of the order.
By the end of April last year, Crittal Hope had not paid the packages in question, resulting in the workers taking the matter for conciliation and finally arbitration.
Mambara ruled that the company had already agreed to pay the amounts, but it appeared before him pleading for mercy with dirty hands.
“Clearly, the respondent has failed to abide with the retrenchment package period of payment,” he said. “It is approaching this tribunal with dirty hands and is pleading for mercy.”
Online Reporter