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Innocent Ruwende Senior Reporter
MORE than 60 Sabot Haulage truck drivers have taken their employer to the Constitutional Court accusing the company of infringing on their right to fair and safe labour practices and standards and the right to be paid a fair and reasonable wage.
The drivers argue that the company insisted on all truck drivers working overtime hours, but declined to pay them.
Through their lawyers Kwenda and Associates, the drivers argued that their contracts of employment were silent on overtime.

“Our contracts of employment are silent on overtime. The respondent (Sabot) remunerates truck drivers weekly, but only in respect of work undertaken during normal working hours and for only nine and half hours on Saturday and Sunday regardless of the actual time worked,” the workers said.

“The respondent further insists on the drivers working excessively long hours in circumstances where there is no emergency. The respondent’s conduct in this regard offends our right to fair labour practices and standards as well as our right to be paid a fair and reasonable wage.”

The workers argued that drivers who failed to work for the specified time periods had been subjected to disciplinary hearings which resulted in many being dismissed from employment and some given final written warnings. The drivers argued that at the time of deposing their affidavit, 72 of them had been notified to answer charges of misconduct. “The conduct by the respondent in disciplining employees who refuse or fail to obey the unlawful and unconstitutional instruction to work extra unpaid hours that are outside normal working hours has become extremely contentious at the respondent’s institution,” said the workers. “There is a real risk and possibility that the applicants in this suit who are yet to be disciplined will be disciplined as a result of these proceedings.”