Ivan Zhakata Court Reporter
Businessman and director of Wetrok Private Limited, Mr Emmanuel Fundira, has lost property worth $10 000 to his former driver who attached the property to recover his outstanding salary and benefits.
The attached property includes a Madza T35 truck and household property all valued at $9 331.
Steven Jordan, who was employed by Wetrock as Mr Fundira’s driver, successfully sued the company and Mr Fundira for unlawful dismissal.
In his application for arbitration, Jordan said he was employed by Wetrock for four years and nine months and was unfairly dismissed.
“I was employed by the respondent (Wetrok Pvt Ltd) until I was dismissed from employment on the 16th May 2014. The issue was reported to the Ministry of Labour and at Conciliation but no settlement was reached,” he said.
“I was engaged for four years and nine months. I started work on the 20th day of July 2010 until my dismissal on 16th day of May 2014.
“I was employed as a driver and was summarily dismissed with no procedures followed. I was never paid my leave days, I also worked for overtime on Saturdays and Sundays without being paid,” Jordan said in his application.
However, Wetrock being represented by Mr Fundira, who was also cited as the second respondent, was in default despite having been notified of the proceedings.
Wetrock was ordered to reinstate Jordan or pay him severance packages. An arbitral award of $8 750 and cost of $581 were then awarded to Jordan by an independent arbitrator identified as Mr J Madziya, making it a total of $9 331.
Wetrok failed to action the award within the stipulated 21 days. A writ of execution was issued on November 13, 2015.
The messenger of court failed to remove the property at Mr Fundira’s residence as his gardener Brighton Muringa, refused to open the gate.
Muringa was then served with a notice execution for Mr Fundira.