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L/stone medical centre sues union over unpaid workers’ deductions

L/stone medical centre sues union over unpaid workers’ deductions
By Edwin Mbulo in Livingstone
Sat 02 Jan. 2010, 04:00 CAT

LIVINGSTONE Health Point Medical Centre executive director Dr Shankha Chakravarty has sued the Hotel Catering and Allied Workers Union of Zambia (HCAWUZ) claiming over K199 million in unpaid deductions for unionised workers of Sun International Hotels towards a comprehensive medical service provision scheme signed in March 2008.

And the Livingstone High Court has set January 12, 2010 as the date for the ex parte summons for leave to issue committal proceedings pursuant to orders 52 (1) and 2 RSC 1999 edition between Health Point and Dainess Chawinga, the first respondent who has been sued in her capacity as secretary general of HCAWUZ, vice-secretary general Michelo Chizyuka, union regional organising secretary Martin Mwangala and HCAWUZ Sun International Hotels branch chairman Brian Hamatimba.

"We signed the scheme in March 2008 starting with a discretionary discount for the unionised members who chose to serve with us being K25, 000 per month from January to June 2008. From the period then on, a discount of K10,000 per member was to be provided from July 2008 to June 2009 and thereafter, the full amount of K85,000 will have to be made payable to the Health Point on a monthly basis. But for the last four months we have not been paid anything by the union and we owe K178 million in salaries and other supporting services, while the union through the hotel owes us K199 million," he said.

Dr Chakravarty stated that he decided to sue after receiving a health scheme termination letter from the union dated July 16, 2009 signed by Rodgers Bwalya, the Hotel’s union vice-secretary.

"I was shocked to receive the letter terminating the contract effective 16th July and stated that they feared for their lives as well as their beneficiaries if they were to continue using Health Point. We need respect for each other, imagine they stated that I lacked commitment as a doctor to addressing the many complaints raised by their members and that I failed to provide required services," Dr Chakravarty stated.

He added that the hotel however on September 2, 2009 retracted the termination of the contract after discussions with his lawyers Mark Partners.
"Despite this they went ahead and said that they intended to run dual clinics with Health Point servicing 197 members while Medprof medical centre would service 380 members,” stated Dr Chakravarty.

And Livingstone High Court judge Elizabeth Muyovwe, in passing judgment in default of appearance and defence order 12 rule 1 and order 20 rules 2 and 4 of the High Court Rules CAP 27, ordered that the letter of termination of contract was null and void as Chawinga did not appear to the writ of summons.

"...that any other medical contract entered by the union with any other medical provider contrary to the contract between the plaintiff and the defendant entered on 28th March 2008 is null and void,” Judge Muyovwe stated.

She further added that Health Point should recover from the union damages arising as a result of the purported termination of contract by the letter of the union to Health Point dated July 16, 2009 and for the court to assess consequential loss and interest thereon and costs arising.

Judge Muyovwe, in her ex parte summons for leave to issue committal proceedings dated November 26, 2009 stated that counsel may be heard on application by the applicant for an order for leave to issue contempt proceedings against Dainess Chawinga, Michelo Chizyuka, Martin Mwangala and Brian Hamatimba who are being represented by lawyer Solomon Muzyamba.

Labels: HCAWUZ, SALARIES, SHANKHA CHAKRAVARTY, TRADE UNIONS

posted by MrK @ 11:21 AM