RIOZIM Limited has approached the Labour Court seeking an order to fire suspected ringleaders who mobilised other workers to down tools over outstanding salaries.
In a case that has wider ramifications across all sectors on labour disputes, RioZim also wants an order directing the protesting employees to return to work immediately.
The company cited Renco Mine workers as the respondents in the application.
RioZim Limited general manager Irvin Nyamukondiwa represented by Mlotshwa Solicitors deposed an affidavit to the Labour Court seeking an order declaring the job action unlawful.
Nyamukondiwa submitted that the instigators of the unlawful collective job action be dismissed from employment with immediate effect alongside other workers who refused to return to work.
On October 7 this year, Renco Mine workers signed a petition to dissolve their workers committee and went on to inform the Masvingo labour officers of the developments.
On October 9, mine workers refused to go to work, demanding to be addressed by the general manager on the status of their outstanding wages.
The following day, labour officers proceeded to the mine to address the workers and management.
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However, the workers continued with their sit-in.
Nyamukondiwa submitted that workers were being influenced by suspected ringleaders, Benson Shuro and David Magwiroto to engage in the unlawful job action.
He submitted that although the workers received their July wages, they vowed not to return to work until they received all their outstanding pay.
He said the current sit-in by the workers was accordingly unlawful and on that basis, the company applied to the Labour minister for a Show Cause Order, with an order that the workers immediately return to work.
Nyamukondiwa submitted that no notice was given to the National Employment Council for the Mining Industry as required by the Labour Act.
He said neither the Associated Mine Workers of Zimbabwe nor the Zimbabwe Diamond and Allied Mineral Workers Union, which represented the workers, approved the collective job action in terms of the Labour Act.
Nyamukondiwa also submitted that the employees had not exhausted all remedies available and claimed that not all workers were in support of the job action.
The minister granted the disposal order.
Having been granted the order RioZim then filed an urgent chamber application for the confirmation of the disposal order.
According to Nyamukondiwa, the company has lost an average of 1kg gold worth US$80 896 per day and US$1 051 653 for 13 days since the workers downed tools.
He said the mine’s operations were being impacted by low gold production, saying the prolonged collective job action would exacerbate these operational challenges, jeopardising the company’s commercial viability.
The workers, however, argued that the application is improperly before the court because it failed to properly cite the parties.
The workers, argued that Nyamukondiwa did not submit board resolution rendering his affidavit defective.
They submitted that workers tried to engage management since 2021 without success saying they sometimes go for three months without pay.
The submitted that there is no proof that Shuro and Magwiroto are the ringleaders, adding that there was no proof provided in court.
They argued that they have a reasonable cause for being absent from work because they lacked physical and mental capacity to continue reporting for duty without pay.
“The employees lost dignity and social standing in the Renco community,” they submitted through their lawyers.
“They could not reasonably be expected to provide service.
“The principle ‘no pay no work’ dictates that an employee has no obligation to provide service where the employer is in material breach of its duty to pay wages.
“There was reasonable cause for the absence, hence the employees must not be punished and their salaries ought to be paid instantly for them to return to work.”
The workers said they were ready to return to work if their demands were met.
“Going to work is not a casual routine exercise,” they said.
“It is an economic activity and the employer should know that failure to pay will result in incapacitation of the workforce.”
The matter is pending.
