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The company has since taken its ex-employee only named as Mr G Mutandwa in the court papers to court seeking an order to evict him from the company property.
Cottco is also demanding US$80 per month from November 2010 to date in accommodation for the other employee who is supposed to occupy the house.
According to Cottco’s lawyers – Maunga, Maonde and Associates – Mr Mutandwa was in June last year retrenched under the company’s retrenchment exercise, which started in May 2010.
According to Cottco, he was fully paid his retrenchment package, which he accepted.
In terms of the law, Cottco submitted that Mr Mutandwa had one month after the period of notice to vacate the house. However, Cottco said it was generous enough and allowed him to stay at the house for four months before they asked him to vacate the property.
“The defendant’s contract of employment was terminated and has no right to remain in occupation of the house,” Cottco submitted.
In response, Mr Mutandwa represented by Matsikidze and Mucheche legal practitioners averred that the High Court had no jurisdiction to hear the case since it was already pending at the Labour Court.
“Court has no jurisdiction to deal with the matter. It is a labour issue arising from a labour dispute and it must be dealt with using the laid down Labour Act,” he said.
He said the case should be dismissed with costs as this case was an issue of his employment status pending at the Labour Court.
“Defendant is still employed as his contract has not been terminated in terms of the law,” he said.
“There is no basis he can be evicted in the absence of proof his contract was lawfully terminated.”
The case will be heard in due course.
Online Reporter