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Herald Reporter
African Medical Investment Hospital (formerly Trauma Centre) owners have filed two urgent appeals at the Labour Court challenging an arbitrator’s ruling to pay workers employed by a firm evicted from the hospital a combined $542 866.
The 56 workers used to be employed by Autoband Investments (Private) Limited which is owned by Dr Vivek Solanki, who has since been evicted from the hospital after the courts ruled he was falsely claiming its ownership. One of the appeals is directly challenging the award, while the other seeks to stop the award from being effected until the main challenge is heard.
After taking over the hospital from the evicted Dr Solanki through a Supreme Court order, Streamsleigh Investment refused to reinstate the workers arguing the eviction judgment was clear that the workers had to leave together with their employers. The writ of execution delivered on September 23 by Justice Paddington Garwe read as follows:
“Now, therefore, you are required and directed to eject the said Autoband Investments (Private) Limited and all persons claiming through it, while restoring peaceful and undisturbed possession to the said premises, including immovable property therein to the applicant, to the end that Streamsleigh Investments (Private) Limited (applicant) may peacefully enter into and possess the same and for doing so this shall be your warrant.”
On October 2, 2014, Streamsleigh notified the staff that they had to make their claims to Autoband Investments, which was their employer.
“It is absolutely paramount that Autoband notifies all its staff that Streamsleigh is completely separate and autonomous company and as a result all staff and management liabilities vest with Autoband,” wrote the firm’s representative, Mr Peter Annesley, to the workers.
“It is agreed that Mr (Jonathan) Samukange (lawyer) will address the staff personally. Staff will be advised that all claims are to be directed to Autoband Investments (Private) Limited c/o of Venturas Samukange.”
The agreement was signed by Dr Solanki’s wife Ana for Autoband and witnessed by Mr Tafadzwa Hungwe of Venturas Samukange.
After the legal eviction of Dr Solanki from the hospital, Mr Tawadzera Zishiri and 55 other workers filed an urgent chamber application with the High Court seeking reinstatement at Trauma Centre.
On October 14, 2014, Justice Nicholas Mathonsi dismissed the urgent application with costs and the workers approached the Ministry of Labour for arbitration.
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