Chinese firm loses property

The High Court of Zimbabwe.

The High Court of Zimbabwe.

A FIRM owned by a Chinese national, Retan Investments, has had its business premises attached by the Sheriff to satisfy a judgment debt resulting from a labour dispute involving US$51 000 owing to seven of its former employees.
The premises, situated at Number 48 Craster Road Southerton, Harare, were attached for auctioning after the Labour Court ruled that the firm owed seven of its former employees a total of US$51 619, 88 in terminal benefits in the form of notice pay, leave pay, overtime pay, severance package, relocation expenses and underpayment.
The seven workers were retrenched last year and sent home empty-handed. The arbitrator who heard their case dismissed their claim resulting in them appealing to the Labour Court where Justice Samuel Kudya on June 17 this year overturned the arbitrator’s ruling and awarded them varying amounts in terminal benefits adding up to just over $51 000.
The former workers registered their award with the High Court resulting in Retan’s premises being attached.
The company’s director, Leipang Wang, approached the High Court seeking a stay of execution claiming that he had lodged an appeal against the award to his former workers.
However, Justice Nicholas Mathonsi dismissed Wang’s application saying it was based on blatant falsehoods as he had ignored several notices to appear in court when the case went through all the processes that ended with the attachment of his firm’s premises.
“The founding affidavit (by Wang) is, however, alarming by its lack of probity. We have a situation where either the applicant (Retan Investments) does not know its case completely and has therefore based it on wrong information or, it has deliberately placed false information before me in order to mislead me into granting a stay of execution, which is not deserved at all. Whatever it is between those two very unsavoury possibilities, the result is the same. It is an application which is frivolous or vexatious in all legal sense, it being obviously unsustainable, manifestly groundless and utterly hopeless and completely without foundation,” Justice Mathonsi ruled.
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