TPZ reinstates 12 workers

Daniel Nemukuyu Senior Court Reporter
AT least 12 Tobacco Processors Zimbabwe workers whose employment contracts were unlawfully terminated will now be reinstated following the granting of their appeal by the National Employment Council for Tobacco Industry.

The two year contracts for the workers expired, but no communication was made to them to stop coming to work.

They continued coming to work and getting their salaries as if the contracts were still valid for some months.

To the workers, they believed their two-year contract had been further renewed. TPZ later abruptly terminated the contracts without notice, a development that was challenged by the workers.

The workers were in June last year asked to sign a reduced contract of one year, but they contested it arguing that they should complete the two-year contract they had already started.

Harare lawyer Mr Caleb Mucheche of Matsikidze and Mucheche Legal Practitioners lodged an appeal with the NEC Tobacco Industry and a relevant committee ruled in favour of the workers.

“In the present case the appellants continued to report for work and respondent continued to give them work and pay them salaries as per the expired contracts.

“Clearly, the presumption is that these provisions that are incident to the relation of employer and employee are renewed.

“Unless termination was effected or notice of intention to change the terms was given before the termination date, then it will be too late to resist the presumption that there has been a relocation of the contract,” the committee ruled.

It was the committee’s finding that prior to termination of the contracts and for two months after the expiry date of the contracts, the company did not communicate its intention to change the terms of the contracts.

The committee granted the appeal and ordered the reinstatement of the workers.

“The appeal succeeds. The appellants are to be reinstated for the unexpired period of the contracts without loss of pay and benefits or they are to be paid their salaries and benefits up to April 30, 2017,” the committee ruled.