The 127 former Anjin Investments (Pvt) Ltd employees, owed more than $407 442 in terminal benefits following the seizure of all diamond mines in Chiadzwa by the government last year, will have to wait longer for the payment of their gratuities after their application was last week removed from the roll at the High Court pending the mine’s Constitutional Court (ConCourt) challenge against the State.
BY CHARLES LAITON
The employees had filed an urgent application seeking to compel Anjin Investments to fulfil the terms of the mutual termination agreement, arguing the mine was no longer going to resume operations in Chiadzwa since its High Court application seeking to be allowed to continue diamond mining had been dismissed.
“The urgent chamber by the defendant (Anjin Investments (Pvt) Ltd) was finalised in March 2016 and there are no longer prospects of the defendants resuming mining operations in Chiadzwa. Notwithstanding the conclusion of the case between defendants and the government, defendant has not paid the amounts that are due to plaintiffs (employees),” the former workers said.
“Following the cessation of diamond mining operations of defendant at Chiadzwa by the government of Zimbabwe on February 22, 2016 defendant (Anjin) entered into mutual termination of employment agreements with each of the plaintiffs (employees) in terms of a written agreement.
“In terms of the mutual termination agreement, which the defendant had with each of the plaintiffs, the parties agreed on the net amount that was due to each for gratuity, cash in lieu of leave days and compensation for loss of employment benefits. The total amount that is due to all the plaintiffs is $407 442,08.”
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The employees further argued that in terms of paragraph 7(c) of the mutual termination agreements, the net amount, which was due to them, was to be paid from the date the High Court case between its employer and the government was to be concluded.
However, in its submissions, Anjin Investments argues that “the abrupt cessation of operations resulted in it not being able to continue its mining operations or earn any income”.
“In terms of clause 7(c) of the deed of mutual termination, payments to the plaintiffs are only due upon the conclusion of the court proceedings against the minister of Mines. The defendant (Anjin) has filed a constitutional application against the minister of Mines and Mining Development and the Commissioner General of Police, which matter is still pending,” Anjin said.
“Defendant prays for the suspension or stay of the present action pending the conclusion of the legal proceedings against the minister of Mines and other litigants”.
Justice Mary-Zimba Dube granted the suspension of the matter and it could resume depending on the outcome of the outstanding ConCourt application.