daniel chigunwe
Court Correspondent
PIONEER Coaches has been ordered to pay damages to nine of its former employees who were dismissed from work without fair disciplinary hearings.
Joshua Chibuda, Stanley Mdege, Felias Mupindu, Denis Mafuwa, George Kanyera, Michael Kanovava, Isaac Nhemwa, Albert Mugogororo and Yvonne Willie, represented by Moses Kavhumbura of Kavhumbura Law Chambers, took Pioneer to the Labour Court citing unfair dismissal.
On October 24, 2022, the court nullified their dismissal from work and order a new disciplinary hearing within 30 days.
Pioneer was given the options of reinstating the nine or paying them damages as agreed or ordered by the Labour Court.
The nine argued when they went back to the Labour Court that there were no hearings, no reinstatement and no payment of damages.
Pioneer submitted that they conducted new hearings that the nine failed to attend and so they were legally dismissed.
In his judgement, Labour Court Judge Justice Godfrey Musariri said Pioneer relied on submissions of notifications dated November 10, 2022 addressed to each of the employees for a hearing on November 17, 2022 in Harare, but the company failed to provide further proof of the hearing such as the minutes and termination letters.
“The dismissal of the employees was set aside because the employer failed to produce the record of proceedings,” ruled the judge.
He then ordered that the damages for each employee be calculated and set by their National Employment Council.
Bongani Ndlovu
Online Reporter