INNSCOR Africa is reportedly refusing to pay its former southern region sales and marketing manager Paul Chimboya a total of US$91 000 damages awarded by the Supreme Court in 2019.
Chimboya was fired from work on December 27, 2017 on allegations of sabotaging the company, following the circulation of a letter which was deemed offensive to the firm.
He was charged with sabotage and was dismissed after a hearing.
BY SILAS NKALA
Chimboya appealed against the dismissal at the Labour Court and lost,but filed an appeal at the Supreme Court.
The Supreme Court led by Justice Rita Makarau ruled that the company should reinstate him without loss of salary and benefits.
Justice Makarau also ruled that in case of reinstatement being impossible, the company should pay Chimboya damages in lieu of reinstatement.
“Whereupon after reading documents filed of record and hearing counsel, it is ordered by consent that the appeal be and is hereby allowed with each part bearing the costs,” Justice Makarau ruled in November last year.
But on Friday, Chimboya said after the ruling, he went to work, but the management told him that they could no longer take him back.
Instead, they opted to pay him in lieu of reinstatement as well as damages for loss of employment.
In a letter to Chimboya, the company wrote: “The company has decided to pay damages in lieu of reinstatement. You are, therefore, hereby requested to submit your claim for damages for negotiation within seven days of the receipt of this letter.”
But Chimboya said after he submitted his claim they refused to honour it, saying they are only able to pay in local currency despite that his claim being US$91 000.
Chimboya’s claim included bonus, motor vehicle allowances, airtime, school fees allowance and pension contributions, among others. But the company dismissed all the demands as outrageous. In its opposition papers, the company submitted that Chimboya’s claims were unrealistic and outrageous, citing the use of local currency.
“There is, therefore, no basis for an applicant to continue making reference to United States dollars in his computations. The correct amount should accordingly be $91 000 on back pay. Any loss of value will be compensated by an award of interest at a prescribed rate of 5% per annum from the date the salary fell due to the date of full payment,” read Innscor’s submission.
Innscor disagreed with the claim of US$10 500 for bonus for three years, fuel worth US$8 640 and the US$15 600 vehicle benefits which Chimboya made.
Chimboya said the delay in payment was seriously affecting his life.