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Ex-TM managers’ judgment reserved


BULAWAYO High Court judge Justice Lawrence Kamocha last week reserved judgment in a case involving three former TM Supermarket managers seeking an order to nullify an interim judgment giving the nod the chain store not to pay them their dues.


Itayi Nkomo, Thembinkosi Nyathi and Khumbula Tshili had filed their collective heads of arguments and affidavits detailing the reasons and justification of their cause to demand the nullification of the interim ruling issued in favour of TM Supermarkets by the High Court to stop paying them.

After they made their written submissions, Justice Kamocha reserved judgment indefinitely.

The three are fighting their former employer over unpaid bonuses of $2 390 each awarded to them on October 23 2013 by an arbitrator.

Following the arbitration award, Labour Court Judge President Justice Sello Nare suspended the ruling saying the former managers were not entitled to an award as determined by an independent arbitrator.

But the two sought a nullification of his judgment accusing Justice Nare of corruptly giving their employer favourable judgments in the labour dispute in return for a tender to supply farm produce to TM.

Another High Court judge Justice Maphios Cheda reversed an order by Justice Nare suspending a ruling by the arbitrator compelling TM Supermarkets to pay the three managers their salaries and bonuses.

The three argued that the interim relief issued by Justice Nare that TM Supermarkets is using not to pay them was defective since that particular ruling was set aside.

The three have challenged the company’s continued use of the interim relief in their collective heads of argument.

“The appellants are therefore arguing that the respondent (TM Supermarkets) used a corruptly acquired order, therefore the interim relief order granted on January 24 2013 by this court is no longer valid as from July 18 2013 when this court set aside the order by the honourable Labour Court President,” their submissions read.

They also submitted that TM Supermarkets was failing to get proper advice hence its decision to use a document overtaken by events.

They then asked the court to quash the interim relief currently effective through the defective means and that an order compelling the company to pay them be made.

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