Court

Former Managers Seek US$59k in Labour Dispute with Metropolitan Development Pvt Ltd

By Staff Reporter

Two individuals petitioned the Labour Court for an order directing Metropolitan Development Pvt Ltd to disburse US$59,400, contending that their dismissals were conducted without fair process.

In their legal filings, Tawanda Makuyana and a co-worker asserted that they are owed back pay, including salaries and allowances.

“Metropolitan Development (Pvt) Ltd has not paid the claimants their arrear salaries and allowances at the rate of USD$1100 per month since October 2021. It thus owes the claimants a total of USD$59 400.

“It has committed an act of unfair labour practice in that it has made it impossible for the claimants to discharge their employment duties as its managerial employees in circumstances where the claimants have not been dimissed. A case of an unfair labour practice is therefore at hand considering the totality of the facts and the non- remuneration.

“The claimants are permanent employees of the respondent, a company registered as such in terms of the laws of Zimbabwe which maintains its domic le a Caspi House, No 6. Harare street, Harare.”

According to court papers, the pair held managerial positions under the oversight of Metropolitan Development Pvt Ltd .Yet, one of the shareholders, Mrs. Grace Caspi has submitted statements refuting the employment of the duo within her company.

“To make matters worse Mrs Grace Caspi a shareholder and director of the respondent made a statement under oath confirming that the claimants are managers of the respondent.

“The effect of that affidavit by Ms Caspi is that she cannot take a contrary position. The respondent cannot now say that the respondents are not its employees when I admitted before a court of law and under oath otherwise Ms Caspi would be guilty of perjury.”

In the legal documents, the duo also highlighted concerns regarding their 2021 arrest, which they allege was an attempt to suppress their complaint.

“The respondents have committed an unfair labor practice. The evidence before this forum is clear that the claimants were arrested in October 2021 on contrived allegations of fraud.

“On the instructions of the respondent, the Zimbabwe Republic Police arrested the claimants on allegations that the claimants had defrauded the company of USD$300 000.

“Till now, the claimants have been on remand. For reasons that have nothing to do with justice the trial will not start. While that occurred, their contracts of employment were stolen from their offices.

“Of note is the fact that even up to now there is no proof that the claimants defrauded the company such an amount neither is there any forensic audit report proving same. What is also surprising is that.

“Part of the bail conditions is a clause to the effect that the claimants must not visit their place of arrest. Caspi House. This was of the instigation of the respondent in casu for obvious reasons.”

The matter is yet to be set down for hearing.

After contacting Mr. Makuyana via his mobile phone, he indicated that he is ready to disclose further unsettling and shocking details about his employer.

This revelation has left our news team highly intrigued about the nature of the information Mr. Makuyana possesses and the reasons he describes it as disturbing and shocking

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