Ex-Errymaple employees summoned to pay for terminating contracts
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Garikai Mafirakureva
ZVISHAVANE-In its alleged bid to plug labour turnover, Errymaple Junior School decided to take what is viewed by many legal experts as a labour case to a civil court to force its former employees to pay for terminating their employment without notice.
Privy sources told The Mirror that more that ten teachers and ancillary staff have left the school in a huff in the last 12 months to escape alleged abuse and flouting of labour laws by the school’s Chief Executive Officer (CEO) and owner Ashell Ruswa. The private-owned school is demanding between US$1 200 and US$1 600 from its former employees for leaving employment without giving
three-months notice.
Ruswa said the move is enshrined in the labour act and the employees can also make counter claims at the labour court. “The affected teachers can also counter claim if they wish to, but myself, I want my money . This is in the Labour Act, so it is the employer or the employee who can make claims if they feel aggrieved,” said Ruswa.
The school lawyers Mutendi Mudisi and Shumba has since written to the teachers demanding that they pay the money owed to the school within 14 days for terminating their employment without notice.
Part of the summons reads: “You are summoned that you do within fourteen (14) days of this summons upon you, enter or cause to be entered with me and also the Plaintiff at the address specified herein an appearance to answer to the claim of Errymaple Junior School for: “ (a) payment of US$1 200 or equivalent in RTGS at the prevailing inter-bank rate as at the time of payment with 5% interest per annum from the date of the summons to the date of final payment being sums due to the Plaintiff in terms of an acknowledgement for failure to give three months notice for termination of contract of employment, one paying the other to be absolved.
Most former employees who signed the affidavit acknowledging owing the school said they did it under duress. The CEO allegedly would detain or bar the teachers from collecting their personal belongings until they sign the affidavit.
In one of the leaked audios in possession of The Mirror Ruswa could be heard allegedly harassing one of the teachers and blocking her from collecting her property and telling her that she can phone police officers manning all roadblocks around Zvishavane to block her from going out of town.
The teachers who signed the affidavits have made their parents or guardians guarantors and most claim they don’t have contracts with the school.When contacted if the teachers have contracts, Ruswa said the contracts were stolen and the school has since made a police report.
“The contracts were stolen from the principal’s office and the school has already made a police report. A lot of documents are missing,” said Ruswa.