At least 17 former Falcon Gold Mine employees, whose
employment contracts were clandestinely terminated by their new employer,
RioZim (Pvt) Ltd, which now owns Dalny Mine, have approached the High Court
with an urgent chamber application challenging their eviction from their houses
by the Stock Exchange listed firm.
According to the ex-workers, in September 2016, Falcon Gold
sold its entire shareholding in Dalny Mine to RioZim, thereby concurrently
transferring the undertaking in Dalny Mine as a business enterprise to new
owners.
The workers further said they were advised by Falcon Gold
that they would remain employees at Dalny Mine under RioZim, which was coming
in as a new owner/investor in the undertaking.
“Upon taking over the undertaking, respondent (RioZim (Pvt)
Ltd) begun to issue eviction notices against the applicants (employees) around
December 2017.
Applicants took the notices to mean that respondent had
unilaterally, though unlawfully, terminated their employment contracts,” the
ex-workers said in their combined founding affidavit.
The former workers further said, following that
development, they instituted arbitration proceedings with the National
Employment Council for the mining industry suing both Falcon Gold and RioZim
(Pvt) Ltd for reinstatement and unlawful dismissal.
“While those proceedings are pending, respondent has begun
forcibly evicting the applicants and issuing real threats of evicting them
without the authority of any court order. Respondent’s conduct is heavy handed
and unlawful. There is urgent need for an interdict by the court against the
respondent’s unlawful action,” they said.
“The matter cannot wait for determination in the ordinary
way as doing so will leave applicants without a satisfactory remedy should
respondent carry out its imminent illegal actions.” The matter is yet to be
heard. Newsday
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