Mashudu Netsianda, Senior Court Reporter
A FORMER Hwange Colliery Company Limited (HCCL) worker has dragged his ex-employer to court for failing to pay his $56,000 terminal benefits.
Tawanda Rufaro Hamandishe has filed summons at the Bulawayo High Court citing HCCL.
Hamandishe is claiming the coal mining giant failed to pay him the sum of $55,971,55 in terminal benefits. He, through his lawyers, Mutatu and Partners, accuses HCCL of deliberately neglecting and refusing to pay the money.
“On March 9, 2016, the defendant acknowledged indebtness to the plaintiff in the sum of $55,971,55 in terminal benefits. Despite acknowledging the debt, the defendant has not honoured its obligations,” said Hamandishe in court papers.
He wants HCCL to pay the money with prescribed interest calculated from March 9, 2016 to the date of full payment.
HCCL has not yet filed a notice to enter an appearance to defend the summons.
More than 2,500 HCCL workers have for the past 30 months not been paid their salaries amounting to millions.
They recently filed an urgent chamber application at the High Court seeking to have the company placed under judicial management.
HCCL, which is facing litigation for claims amounting to about $20,6 million from some of its creditors including ex-workers, has seen some of its assets auctioned to recover the debts.
The workers said the company was technically insolvent and its current liabilities have increased exponentially in the last five years.
The workers said no interested party would suffer any conceivable prejudice in the event that HCCL is placed under judicial management. The workers hope that if placed under judicial management, the firm would be able to properly service its debt.