ZEWU scores victory over ZESA, REA
Justice finally prevailed, as Charles Mashezha who was unfairly dismissed by the Rural Electrification Agency (REA) after the High Court ordered the Deputy Sherrif to attach two vehicles from the employer.
Mashezha was unfairly terminated from his work place and forced to train another employee who would take his place. REA had placed an advert for the position of stores clerk and Mashezha had also applied only to be snubbed when he had legitimate expectation. When he raised this anomaly with Human Resources the results of the interview were nullified with a promise that when he reapplied for the second time he would get the post. As usual REA has double standards they did not stick to their side of the bargain, to such a point where the matter was referred for arbitration. The arbitrator ruled in Mashezha’sfavour because the Labour Act Chapter 28:01 had been contravened by REA. REA refused to reinstate and opted to pay backpay anddamages in lieu of reinstatement. Upon receiving the award it was sent for registration at the High Court of which registration was successful as it was unopposed. When the Deputy Sheriff attached property from REA that is when they made an urgent chamber application for stay of execution at the High Court and it was denied. They were ordered to pay the suit with costs.
ZEWU Assistant General Secretary Mbonisi Sibanda represented Mashezha.
In another case,ZEWU recently successfully managed to obtain the award of Thomas Rifi after he was injured while at work on 20 April 2011.
Rifi who worked as a line worker, at ZESA was based at Norton was engaged on a three months fixed term contract which was renewed on repeated occasions continuously and sometimes changed to six months from 1st July 2008 till 31 December 2011.
After Rifi was injured, the employer then terminated his contract of employment with the effect from 31 December 2011.
ZEWU challenged his termination on the basis that the action by the employer amounts to unfair labour practice and unfair dismissal.