Fresh hearing ordered for fired workers

2009, Superior Holdings started paying the workers’ wages in installments without their agreement. Aggrieved by the move, the workers went on strike and the company reported the matter to the Ministry of Labour and no show cause order was given.

Superior Holdings did not pursue the matter but preferred misconduct charges against the affected workers.
Disciplinary hearings were held and the inquiry committee was divided over the matter. It was then referred to the works council, which also was split on the verdict. Superior Holdings then dismissed the workers.

The workers appealed to the National Employment Council, which ruled that they be reinstated without loss of salary or benefits.
Superior Holdings, aggrieved by the NEC ruling, filed an appeal with the Labour Court arguing that the appeals committee erred in ordering reinstatement without the option of payment of damages in lieu of reinstatement.

Labour Court president Ms Loice Matanda-Moyo ruled that the appeal was improperly before the Labour Court and dismissed it.

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