Showdown looms between HCCL, ex-workers

Source: The Chronicle – Breaking news

 

Hwange Colliery Company Limited

Fairness Moyana in Hwange 

A showdown is looming between Hwange Colliery Company Limited (HCCL) and ex-workers after the coal mining firm cut electricity to their homes in an attempt to force them out of company-owned houses.

Two weeks ago, the company went on a clampdown exercise disconnecting electricity to over 800 houses in what former workers described as attempts to “frustrate” them into vacating the premises. 

This follows efforts by the company to recover its properties following their retrenchment but is facing strong resistance as former workers were refusing to vacate over unpaid terminal benefits.

The mining firm embarked on a retrenchment exercise in recent years where it offloaded dozens of workers both on compulsory and voluntary basis. However, while other at the time complied and vacated, some disputed the retrenchment process claiming it was riddled with irregularities resulting in them seeking legal recourse. 

At one point their lawyers, Calderwood, Bryce Hendrie and Partners, wrote a letter advising the company that their ex-employees would continue staying at their respective houses until finalisation of the matter between the two parties.

What followed next was a series of legal battles between Hwange Colliery Company and the former employees, as workers took the coal miner to court seeking to stop arbitrary evictions from company houses they still occupy. 

The former employees say the company is acting in violation of court orders not to evict them until the labour dispute is resolved. 

Chairperson of one of the ex- workers grouping, Mr Patrick Nyambe told Chronicle that more than 800 former employees had been affected by the development. 

“We have a problem with the company because they are trying to force us out of the houses by cutting power despite the fact that they owe us money.

“This is despite the fact that we have pending cases before the courts. This action is illegal and inhumane as there is a court interdict blocking such action including eviction till the matter is resolved. 

“The company is just not being sincere at all, we have contributed immensely towards it but they want to treat us like we are nothing. We have approached the courts to seek relief but it seems the company is adamant and non-compliant,” said Nyambe.

The ex-workers said they were owed a combined US$13 million by the company emanating from gratuities, terminal benefits and sale of shares under the employee share ownership scheme. 

“The company owes us close to US$13 million, and this is an accumulation of all the monies that have been summed up. It covers the various processes that the company employed to cut down staff from medical discharge to retrenchments,” said Mr Nyambe. 

“Moreso, the company has been deducting money from employees but not remitting to MIPF or to Dynamic Fund — a housing scheme. We had shares in the company and took the company to court and they were ordered to pay about $40 per share but they didn’t pay anything.” 

Mr Nyambe said as a result of non-remittances of the funds to bankroll the construction of houses under the Dynamic Fund Scheme many employees could not manage to build and were left destitute. 

Investigations carried out by this publication revealed that prior to the disconnection of power, Hwange Colliery Company Limited had sought to push workers to opt to rent the houses. 

However, the move was resisted by the former workers. 

Some of the affected ex-workers retired more than 10 years ago and have been staying in the company houses awaiting full payment of their terminal benefits from the struggling firm, which is under judicial management. 

They are expecting around US$20 000 each, but the company claims to have fully paid them in local currency in monthly instalments of ZWL300 after converting their USD balances following the currency change to 1:1. 

The former employees have resisted eviction on the basis that they were supposed to be paid their terminal benefits in United States dollars instead of the local currency.