Online Reporter
Nyore Madzianike
Court Reporter
ONE of the country’s largest service providers to people living with disabilities and the less privileged, The Jairos Jiri Association, has been ordered by the High Court to pay US$67 602.30 in outstanding unpaid wages to four of its former employees.
This followed an application by the former employees — Faith Mutsago, Juliet Gombe Musenyi, Emilia Mudyawabikwa and Nicorll Mellisa Maenzanise seeking a provisional sentence order compelling the association to pay US$67 602.30, together with interest, in unpaid wages.
High Court Judge Justice Never Katiyo also awarded the quartet five percent interest per annum from October 2014.
Provisional sentence is a summary procedure that allows a plaintiff armed with a liquid document-a clear written acknowledgment of debt— to obtain swift judgment without the delays of a full trial.
The judgment is termed provisional because the defendant retains the right to later defend the claim on the merits, but only after paying the judgment amount or providing security for it.
The Jairos Jiri Association had objected to the awarding of the provisional sentence, arguing that the quartet had no liquid document.
It also claimed that the acknowledgment of debt was of no merit and that the matter should have been dealt with through the Labour Court.
Justice Katiyo dismissed the objection, saying it had no merit.
“The objection that there is no liquid document or acknowledgment of debt is without merit and is dismissed.
“The consent determination dated 24 October 2024 and the defendant’s written acknowledgment constitute a valid liquid document for the claim.
“The plaintiffs’ claim for provisional sentence succeeds.
“Provisional sentence is hereby entered in favour of the plaintiffs against the defendant for: payment of the sum of US$67 602.30.
“Interest on the above sum at the prescribed rate of interest—5% per annum—calculated from 24 October 2024 to the date of full payment and costs of suit on the ordinary scale,” he ruled.
Sometime in 2024, a dispute arose regarding outstanding wages and benefits owed to the four by the Jairos Jiri Association.
The parties engaged the employment council governing the disability sector.
On 24 October 2024, a designated agent of the NECWEI issued a determination by consent of the parties wherein The Jairos Jiri Association agreed to pay US$67 602.30 in arrears wages and benefits.
Bongani Ndlovu