My hands are clean: Liquidator

Business Reporter
THERESA Grimmel, the liquidator of the closed Radiator & Tinning (Pvt) Ltd in Bulawayo, whom former workers accused of failing to give them their money after selling company assets in 2011, says her hands are “clean” and insists the liquidation process was done above board. The former employees, dejected after the company ceased operations in 2010, have been fighting Grimmel of Trivade (Pvt) Ltd in Harare and on several occasions tried to block the auctioning of company assets.

The workers accused the liquidator of, among other allegations, failing to pay them and turning down potential investors.

In a response through her lawyers, Coghlan, Welsh & Guest, Grimmel clarified how she handled the liquidation process.

She acknowledged the company’s total claims from creditors amounted to $638,754 but said only $97,283 was available for distribution.

After the company was initially placed under provisional liquidation by the High Court in March 2010, she said, “the employees opposed confirmation of the final order for liquidation and consequently the order placing the company under provisional liquidation was set aside” by the same court in January 2011.

The Supreme Court, however, overturned the High Court decision and allowed the granting of the provisional liquidation order under judgment number SC/19/2011.

“The employees are fully aware of this judgment in which they were a party,” she explained.

By opposing the sale, she said, workers were to blame for driving away prospective buyers, which affected the total earnings.

“When the sales were eventually held, the pool of buyers had shrunk and there was consequent reduction in the funds realised.

“The employees were preferred amongst other creditors as required by law, and paid from the proceeds of the sales, which amounts all the employees personally signed for upon receipt,” said Grimmel.

According to a list of final payments to creditors Grimmel availed, workers were paid a collective $40,000 against $403,000 initial claims, NSSA $38,589, First Mutual Life $14,748 and the Motor Industry Pension Fund $3,948.

“The price paid reflected all the adverse factors affecting business today in Bulawayo, plus the fact that only a portion of the building had been purchased,” she added.

However, workers insist the liquidator owes them between $2,000 and $19,000 each in unpaid salaries and packages depending on number of years served.

Grimmel claimed all her dealings were transparent and scoffed at worker’s allegations that she had been playing hide and seek.

She said employees have read all her reports and knew where to contact or find her if they had queries.

Grimmel also said it was “misleading and defamatory” for workers to link her and Paul Woodhouse of Fathan Investments as partners because the latter provided her company with auctioning services in this case and that was how they related.

On claims that she blocked potential investors from revamping the firm, Grimmel said no such offer was brought before creditors.

“This allegation is defamatory as it paints a picture of me as being an interested party . . . and thus unable to fulfil my mandate as liquidator and agent of the creditors,” she said.

Former workers’ representative Milton Ngwenya who claimed to be owed $12,000, said workers and other creditors were prepared to run the company hence they tried to block the auction.

“We were prepared to run that company as workers and had plans to seek funding from the government and other partners but Grimmel didn’t give us that chance. Given its (company) potential some creditors were also willing to fund the resuscitation of the company.

“I met her in Bulawayo today (Monday) and shockingly she said she will not pay us anything,” said Ngwenya.

Radiator & Tinning was owned by Trevor John Hodgskin, a retiree now staying in England.

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