Unfreight bid to reverse payment of US$2,9m to its ex-director failed

Chief Court Writer

Unifreight Africa Limited is facing a fresh challenge in its attempt to overturn a Labour Court ruling that awarded Nicholas Mukarati, former managing director of Pioneer Coaches, US$2,9 million in damages and unpaid salaries.

The High Court struck the company’s application off the roll, redirecting the matter to the Labour Court.

Justice Christopher Dube-Banda ruled that the Labour Court holds exclusive jurisdiction over employment disputes, rejecting Unifreight’s bid to secure a declaratur from the High Court.

The judge emphasised that the core issue, whether an employment relationship existed between Mukarati and Unifreight, falls squarely within the Labour Court’s domain.

The dispute dates back to Mukarati’s dismissal in 2010, with the former executive arguing that Unifreight, previously known as Pioneer Corporation Africa Limited, was his true employer.

Unifreight contends that Mukarati’s employer was Pioneer Coaches (Private) Limited, a separate entity it formerly owned but later divested from.

Accusing Mukarati of misidentifying his employer, Unifreight argued that the labour officer wrongly imposed obligations on the company.

Justice Dube-Banda dismissed these claims, describing the company’s stance as inconsistent and self-contradictory.

The court ruled that Unifreight’s approach amounted to “approbating and reprobating,” highlighting its simultaneous acceptance and rejection of the Labour Court’s jurisdiction.

The High Court’s decision leaves Unifreight liable for costs, with the Labour Court still to rule on Unifreight’s pending appeal against the labour officer’s 2023.