BULAWAYO Labour Court president Justice Mercy Moya-Matshanga yesterday declared that a two-week strike by Hwange Colliery employees was illegal and ordered the company to convene a disciplinary hearing using the relevant code of conduct.
SENIOR COURT REPORTER
She also said Hwange Colliery should not pay the workers for the two weeks they embarked on industrial action.
“Having read the record and heard both parties, a disposal order is hereby issued directing that: The collective job action undertaken by employees is unlawful and therefore illegal,” Moya-Matshanga said.
“That the unlawful collective job action if it is still persisting, be terminated upon receipt of this order.
“That the employer should not pay wages or salaries for the period dating 14th of October to 29th October 2013 due to the striking employees.
“That the employer is authorised to discipline the striking employees as per the provisions of the relevant code of conduct and that the employer sees to it that the issues giving rise to the collective job action are expeditiously dealt with in the courts where they are pending,” she said.
Moya-Matshanga’s ruling came after Hwange Colliery management made an application for a Show Cause Order to the Labour Court in respect of the strike arguing that it was illegal as it contravened Section 104 (2)(i) of the Labour Act as the employees did not give them a 14-day notice as required by the law.