BY CHARLES LAITON
A FORMER Delta Beverages sales representative, Togara Chikonzo, has taken his ex-employer to the High Court seeking an order compelling the bottling company to pay him compensation for his 5 000 shares and to deliver to him 74 drinkage vouchers.
Through his lawyers Hungwe and Partners Legal Practitioners, Chikonzo recently filed a court application accusing Delta Beverages of failing to comply with a court order which compelled it to pay him after terminating his employment contract in 2013.
“I hold 5 000 shares in respondent’s (Delta Beverages) company under employee share empowerment scheme of 2008. The shares were allocated to me as a then employee of respondent,” Chikonzo said.
“Upon termination of the contract of employment with respondent, it did not settle the value of my shares in monetary terms. I have ascertained the value at the time of making this application to be $17 700 … despite demand, both verbal and written, respondent has failed, neglected, refused or failed to settle my 5 000 shares in the sum of
Chikonzo also said upon termination of his contract, he agreed with his former employer through their lawyers that Delta Beverages would give him 74 drinkage vouchers and the agreement was recorded by Labour Court judge Justice Godfrey Musariri, who handled his labour matter.
In his founding affidavit accompanying the court application, Chikonzo quoted Justice Musariri as having said: “I record herein that the parties’ attorney agreed that respondent shall deliver to applicant (Chikonzo) drinks worth 74 vouchers. Accordingly, the item was dropped from the calculations.”
Chikonzo, however, insisted that the vouchers in the current case are claimable as a matter of agreement (contract) which was made between legal practitioners representing him and his former employer and, as such, it was still binding and enforceable.
The matter is yet to be set down for hearing.