Truckers battle for overtime

Fidelis Munyoro Chief Court Reporter
SIXTY-FIVE truck drivers have filed a lawsuit against their employer over non-payment of over time, arguing that the firm was in violation of the country’s labour law. Mr Boniface Magurure and four other drivers cited as applicants in the lawsuit filed at the Constitutional Court, represent current and former Cargo Carriers International Hauliers drivers.

The company, which is one of the biggest cargo carriers in the country, is denying the allegations contained in the lawsuit.
Advocate Fadzai Mahere instructed by Mr Tawanda Chakabva of Kwenda and Associates is representing the drivers while Cargo Carrier is being represented by Adv de Bourbon.

The drivers allege that they were forced to work over double the permissible maximum hours for any given week.
He said they were required to work from 0400hrs until 2100hrs per day, which translated to 96 hours per week, which is way above the recommended maximum of 66 hours per week.

“The hours the respondent is requiring our services are not agreed between the employees and respondent,” said Mr Magurure in his affidavit.

By bringing the class-action lawsuit, Mr Magurure said they were seeking an order declaring as unconstitutional the refusal by Cargo Carriers to remunerate them for over time worked.

They also seek to nullify the firm’s directive for drivers to work in excess of the maximum hours stipulated by the law even outside emergency circumstances.

“The respondent’s conduct in this regard offends our right to fair labour practices and standards as well as our right to be paid a fair and reasonable wage,” said Mr Magurure.

Mr Magurure stated that their situation was worsened by the fact that the management had commenced a process of summarily dismissing any driver who voiced concern related to the unconstitutional practices.

Cargo Carriers have since filed its defence to the claim, denying breaching the provisions of the Constitution.
“The respondent operates an incentive scheme which compensates for over time in accordance with the provisions of Section 13 of the Collective Bargaining Agreement for Transport Operating Industry,” said the company.