A MATOBO gold mining company has been taken to the National Employment Council (Nec) for the mining industry for dismissing seven workers who had protested over poor wages. Nkomazana Syndicate trading as Power Play Mine is also accused of underpaying its workers, non-payment of gratuity, leave days and overtime amounting to US$39 000.
The mine dismissed Army Muzamba, Givemore Ngwenya, Qhelani Ngwenya, Qaphelisani Maphosa, Pinos Muchimba, Stephen Mugande and Takawira Dube for demanding fair labour practices. The workers have engaged the Professional and General Mine Workers Union of Zimbabwe (PGMWUZ) as they seek reinstatement.
“The seven were employed on different dates and unfairly dismissed on April 7, 2023. They were underpaid from date of employment (US$110), had non-payment of gratuity for the period worked, non-payment of leave days, and non-payment of overtime,” read a letter dated April 13, signed by PGMWUZ president, Abraham Kavalanjila and addressed to the Nec.
“The remedy in this matter is to reinstate or pay damages, allowances and under payments within seven days from finalisation of this matter.”
In their application to Nec’s mining tribunal seeking a default judgment, the workers cited Power Play Mine as the respondent.
“Applicants were employed by the respondent in January 2023 as general workers. Their contracts of employment were unfairly terminated on April 7, 2023, reason being that they joined the trade union. It is hereby submitted that the respondent underpaid the applicants their salaries backdated January 2023 to April 2023 (US$205 less),” they submitted.
“It hereby submitted that applicants worked 12 hours everyday including Sundays and holidays. It is humbly submitted that the respondent dismissed the applicants without following laid down procedures in the Code of Conduct Statutory Instrument 165 of 1992 as read in the Labour Act [Chapter 28:01] section 12B (1),” they said.
“It is humbly submitted that section 13 of the Labour Act was violated by the respondent. It is also submitted that the respondent pays six months damages for unfair termination of contracts. All in all we pray that the respondent pays the applicants as per the quantification attached and should pay within seven days from the determination date.”
Mine manager Ramone Cecil Davids could not be reached for comment on his mobile phone.
Source Southern eye
