By GRACE CHAILE LESOETSI
ABOUT 250 Zambian truck drivers have submitted to the Lusaka High Court that they are willing to hand back the trucks to their South African employer, Brisk Fast limited, on condition that they are paid terminal benefits.The truck drivers claim that they are entitled to leave days in a sum total of R14,269,250, gratuity R12,500. night allowance US$2,193,750 and risk allowance US$1,164,250.“I wish to respond by stating that this is not an appropriate case to grant the complainant the relief sought as it will be a tool to deprive the respondents of their terminal benefits. The moment the trucks are handed to the complainants in the event we succeed in this matter, we will face irreparable damage as we will not be able to claim our monies,” they have stated.This is a matter in which Brisk Fast Company has sued the truck drivers seeking an order of interim mandatory injunction that they hand back the trucks as its business has been affected.The company has also pledged to pay the employees their terminal benefits. Opposing Brisk Fast’s application, Mr Enock Mashilipa and 249 others stated that Brisk Fast is dully registered in Zambia but does not have an office in the country.Mr Mashilipa stated that in November during a mediation chaired by the commissioner, Brisk Fast owner Mr Kelvin Yang and the employees agreed that the respondents’ contracts of employment were frustrated by policy pronouncements by the South African government that only South African should be employed as truck drivers.He stated the company refused to pay the dues calculated by the labour office and Mr Yanga sent police officers to grab the trucks and keys from them which was in contradiction of the agreement that they exercise lieu on the trucks until terminal benefits are paid.Mr Mashilipa stated that all the trucks are safely parked in car parks that are known to the company and all goods are safe .He stated that the allegations by Brisk Fast that they sold goods are not true and wondered why the company has not reported them to the police.The truck drivers have also rejected the contracts submitted to the court by the employer stating that the company made the contracts after a mediation at Labour office failed and were made to deceive the court so that they are paid a lesser separation package.Tutwa appointment
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