THREE former TM Supermarket line managers have engaged Transparency International Zimbabwe (TIZ) to probe the Supreme Court over delays in the release of a judgment reserved, after the chain store appealed against an arbitration award granted in their favour to be paid $2 390 each owed in outstanding salary underpayments.
BY SILAS NKALA
The former line managers had earlier on sued their employer over underpayment before management filed an appeal at the Supreme Court, seeking to have the arbitration award and the court order endorsing the award set aside.
The three – Itayi Nkomo, Thembinkosi Nyathi and Khumbula Tshili – were awarded $2 390 each by an arbitrator, which was registered by Bulawayo High Court judge, Justice Martin Makonese on January 23, 2013,recently approached the Supreme Court seeking clarification on the delay of the judgment.
In November 2016, Supreme Court judges, Justice Paddington Garwe, Anne Mary Gowora and Francis Bere heard the case and reserved judgment indefinitely.
The year-long wait has irked the former managers who approached TIZ, seeking their intervention to establish the on goings at the Supreme Court.
TIZ senior legal officer Muchaneta Mundopa has written a letter to the Registrar of the Supreme Court in Harare seeking clarity on the outcome of the case.
“We have been retained and act on behalf of Itayi Nkomo, Thembinkosi Nyathi and Khumbulani Tshili, please note our interest TIZ has an advocacy and Legal Advice Centre (ALAC) that provides an independent forum for citizen’s to report corruption propose solution and seek advice.
“ALAC engages the community in public education on anti-corruption issues through community meetings and mobile legal aid clinic then further analyses and provide basic legal advice on all complaints received,” the letter read.
“The above mentioned individuals approached us seeking legal assistance pertaining to an appeal case that was heard on November 28, 2016. Our clients allege that the judgment was reserved and they attempted to query the matter with the registrar of the Supreme Court thereafter several on several occasions to no avail. We would greatly appreciate it if your office could furnish us with information pertaining to the current status of the matter and judgment of the case thereof.”
The Supreme Court registrar is yet to respond to the inquiry.
According to court rules, a reserved judgment must not go beyond 90 days without being delivered, the three said.
The three managers submitted that they are owed for August 2012 to November when they were paid $400 instead of $450, December 2012 to February 2014 when they were paid $434 instead of $489 and March 2014 to January 2016 when they were paid $447 instead of $504, and the total owed to each of them is $2 336 accumulative every month they are underpaid.