Published: 22 February 2018

The Labour Court has ordered TM Supermarket to pay two line managers, who were fired in 2016 over $1 100 as a pro rata commission for 10 months, which the parties had agreed before the two were dismissed for alleged misconduct.

Former TM Supermarket line managers – Thembinkosi Nyathi and Itayi Nkomo – approached the Bulawayo labour officer, Chitsengambanje Forbes for an arbitration award to be paid commission, which was agreed on if they met the target in sales for 10 months, between March 2016 and March 2017.

The labour officer had upheld their appeal that they be paid the promised commission. The supermarket then filed an application at the Labour Court seeking an order confirming Forbes' draft order for the employer to meet its contractual obligation.

Bulawayo Labour Court judge, Justice Mercy Moya-Matshanga ruled that TM Supermarket must pay the former employees their commission.

"It is, therefore, accordingly ordered that TM Supermarkets/Pick N Pay Lobengula branch pay Nkomo and Nyathi outstanding amounts of $1 128,46 and $1 113,51 as a pro rata commission for the 10 months for the financial year beginning March 2016 to March 2017. The payments are to be made within 30 days of the granting of this order. Respondents are to pay costs of the application," she ruled.

Moya-Matshanga said the 33,3% commission was contractual and must be paid on the annual salary of 2016 in the present currency for 10 months.
- newsday

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