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Harare Bureau
THREE former Air Zimbabwe pilots are battling to recover more than $200,000 outstanding salaries and benefits for the services rendered to the national airline between February 2008 and August 2012. The pilots — Gerald Chiweshe, Sameer Khan and Bruce Thomas — have since left Air Zim for greener pastures but sued Air Zim at the High Court.
They are claiming that the national flag carrier owed them a combined $219,763.76 in outstanding salaries, benefits and allowances.
Initially, the trio had brought separate claims but were later consolidated into a single case for purposes of hearing.
Through their lawyer Advocate Fadzayi Mahere instructed by Coghlen Welsh and Guest, the pilots argued their case before Justice November Mtshiya who reserved judgment to a later date.
The judge requested both parties’ lawyers to furnish the court with written closing submissions before he decides on the dispute.
According to the claims Gweshe is owed $56,511.76 unpaid salaries and allowances for the period stretching from February 2009 to July 2012.
He was employed by Air Zim as a pilot from June1 2003 to August 2012 when he resigned from employment.
Khan who served in the employ of Air Zim as a pilot, in the rank of Captain, from February 2009 to July 31 2012 is claiming payment of $123,473.00 while Thomas is demanding $39,779.00 after repudiating their contracts.
In her argument, Adv Mahere told the court that the critical question, which judge should decide is whether or not the High Court has jurisdiction to determine a civil claim for outstanding salaries, benefits and allowances owing to former workers from their former employer.
She cited several case laws to support her argument. “The competent forum for such a claim to be prosecuted is a civil court,” said Adv Mahere.
“In terms of the Section 13 of the High Court, the High Court shall have full original civil jurisdiction over all persons and over all matters within Zimbabwe . . .” This, she argued that Air Zim lawyers assertion that the High Court has no jurisdiction to determine the case should be dismissed with costs.
Adv Mahere further argued that there was no merit to the Air Zim contention that the three pilots claim was already settled by an arbitrator.
She said the pilots’ case was not premised on the 2003 agreement entered into between Air Zim and the Zimbabwe Flight Crew Association.
“Their claims are based on their individual contracts of employment, which contracts were never under scrutiny before the tribunal.”
But Air Zimbabwe, through its lawyer Ms Gamuchirai Dzitiro of Mutumbwa, Mugabe and Partners opposed the claim arguing that it is purely a labour law dispute arguing that the High Court has no jurisdiction to deal with the dispute as a court of first instance.
“The failure to pay a wage is an unfair labour practice hence a labour dispute to which the High Court has no jurisdiction,” Ms Dzitiro said adding, “The claim should be dismissed on this ground alone.”
She argued that the claim lay in an agreement between the parties to pay remuneration based on an agreement entered into in 2003 following an industrial action by the pilots and their co-workers.
Ms Dzitiro also argued that the dispute regarding the legality and enforceability of the agreement was referred for arbitration by the parties through the Minister of Labour at the time in 2011 and was declared void.
Online Reporter