Maravi

(HERALD) Workers fired over sanctions

Workers fired over sanctions
Monday, 20 June 2011 01:00
By Jonah Takaendesa

UR workers with a Harare wholesaler lost their jobs for taking a day off to attend the National Anti-Sanctions Petition Campaign launch by President Mugabe early this year.

Freddie Matika, Vitalis Mbanje, Tendai Zengeni and Netsai Kureya - who were employed by Massmart Wholesalers in Msa-sa, Harare - were fired for attending the launch on March 12 after being refused permission to take time off although labour laws mandate a lower penalty for just one day's unapproved absence. The fifth one, only identified as Godfrey, was later reinstated.

The national event, which attracted thousands of Zimbabweans from all walks of life, sought to gather over two million Zimbabwean signatures denouncing the illegal sanctions.

The five had sought permission from their employer Mr Gary Phinburger to go and append their signatures to the anti-sanctions petition. Mr Phinburger reportedly turned down the request.

However, this did not deter the five as they defied their employer's directive not to absent themselves from work for the launch.

When they reported for work, the emplo-yer told them that they were fired for absenteeism, even though this unapproved abse-nce was just one day.

Matika and Mbanje then confronted the employer through the Mushandi Munhu Worker's Federation, over his decision to fire them but nothing materialised.

Matika and Mbanje pursued their case and were later given US$660 and US$440 respectively as their packages.

The other two are reportedly still to claim their severance packages.

Said Matika: "When we came back the following day, our boss told us that we were fired from work.

"He categorically stated that he was against the signing of the anti-sanctions petition campaign launch, so there was no reason for him to consider our request."

When The Herald called Mr Phinburger on his mobile phone, a worker, who refused to be identified, answered it.

He confirmed the incident saying the five were fired, but only one of them was reinstated.

He also confirmed that Matika and Mbanje were given their severance packages while the other two were still to claim their packages.

"It happened and the employer has since resolved the labour dispute by paying the two the said amounts after terminating their contracts," he said without giving further details.

Harare lawyer Mr Isheunopa Mataka of Matsikidze and Mucheche law firm said if that happened, then the employer contravened provisions of the labour law.

He said no worker should be fired for absenting him or herself from work for one day, in terms of the labour law.

"It is not legal for an employee to be fired for one day absenteeism. The employer should charge his or her employee for misconduct and convene a disciplinary hearing of which findings should not guarantee him or her to terminate the employee's contract," he said.

Another lawyer from Masvingo, Mr Phillip Shumba echoed the same sentiments adding that an employer may fire an employee for being absent from work for a period exceeding five consecutive days.

"The action taken was unlawful. The employer flagrantly flouted the provisions of the Labour Act," he said.

In the National Anti-Sanctions Petition Campaign, Zimbabweans append their names, signatures and identification number to register their protest to the West and demand an immediate end to the widely discredited embargo.

Zimbabweans - including the business community, church groups and other sectors - have spoken strongly against the illegal sanctions.

The African Union, Sadc, Comesa and the Non-Aligned Movement have all slammed the illegal sanctions that are the major outstanding issue on the full implementation of the Global Political Agreement signed by parties to inclusive Government in September 2008.

The MDC formations and their Western sponsors have, however, steadfastly refused to take part in the campaign insisting that the sanctions were targeted.

Sadc emissaries who had been sent to Western capitals to lobby for the removal of the sanctions told the just-ended Sadc extraordinary summit in Sandton, South Africa that MDC-T leaders were Nichodemously telling Westerners to maintain the illegal embargo against the letter and spirit of the GPA.

Labels: LABOUR, SANCTIONS, TRADE UNIONS

posted by MrK @ 5:05 PM