By Mary Taruvinga
VARICHEM Pharmaceuticals (Private) Limited has been hauled to court by its former employee Ronnie Mahlanganise for failing to pay him $37 426, 45 after he won a labour case back in 2016.
Mahlanganise has now approached the High Court with an application for the registration of a labour court judgment in terms of section 92B of Labour Act.
This is after the medicine manufacturer had refused to settle the amount in a period of four years.
The former employee said he could not stretch his patience any further before he prayed for an order compelling the company to pay him the $37 426 45 including costs of suit.
“I duly obtained a labour court judgement sounding in money against the respondent on April 22 2016 which judgement was handed down by Justice F C Maxwell,” read Mahlanganise’s affidavit.
“The respondent has not yet complied with the said judgement and in terms of the Act, the applicant herein to which the judgement relates can make an application for registration of the judgement before this honourable court for registration and enforcement purposes.
“I have exercised reasonable patience hoping to be paid but my hope cannot come to pass hence the present application,” he said.
Broken down, the money includes salary back pay amounting $11 424, overtime pegged at 202,81, cash in lieu, gratuity, housing allowance, service allowance, school fees allowance, damages for loss of employment and cash in lieu of notice.
Mahlanganise was dismissed from employment on April 11, 2014 following a disciplinary hearing on misconduct.
After dismissal, he appealed to the Appeals Officer and his appeal was dismissed.
He then appealed to the National employment Council for the Chemicals and fertiliser Manufacturing Industry (NEC).
Court papers show that the NEC Appeals Committee upheld his appeal and ordered Varichem Pharmaceuticals to reinstate him without loss of wages and benefits from date of dismissal.
In the alternative, parties were to negotiate damages in lieu of reinstatement.
In the event of failure to reach agreement, the parties were to approach the NEC Appeals Committee for quantification.
The respondent had appealed against NEC Appeals Committee decision, but the appeal was dismissed by the high Court on November 11, 2015.
Mahlanganise said it is fair and just convenient that this application succeeds with costs.
Varichem Pharmaceuticals is yet to respond.
