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Daniel Nemukuyu Senior Court Reporter
The Civil Aviation Authority of Zimbabwe must pay US$3,1 million to firefighters deployed to the Democratic Republic of Congo for operations in the war zone between 1999 and 2004. While military personnel were paid their allowances, 123 civilians did not get their dues and they decided to seek legal recourse.
Arbitrator Mr Phillip Bvumbe last Wednesday ruled in favour of the CAAZ workers.
“It is, therefore, ordered that the Civil Aviation Authority of Zimbabwe should pay the applicants the outstanding allowances within 14 days from the date of this award,” he said.
“The outstanding amounts will attract an annual interest rate of 4,3 percent from the 27th of February until fully paid.”
Initially, the 123 workers were claiming US$4 811 150 from CAAZ, but the parties later agreed on US$3 176 425, which was rubber-stamped by Mr Bvumbe.
Labour lawyer Mr Caleb Mucheche represented the firefighters, while Mr Oscar Gasva of Chirimuuta and Associates acted for CAAZ.
The firefighters were deployed in the DRC in October 1999 at the height of the war between Ugandan and Rwandan-backed rebel groups and the government in Kinshasa.
Zimbabwe, along with Angola, Namibia and – briefly – Chad deployed in the DRC in support of the government and against the rebels.
The CAAZ workers seconded to the DRC were deployed in groups of nine for periods ranging from one to six months, with rescue and firefighter services based at N’djili Airport in Kinshasa.
The workers argued that between 1999 and April 2001, they were supposed to get US$75 per day, but this was unilaterally slashed to US$50.
From March 2001 to 2004, the daily allowance rates for firefighters was increased from US$75 to US$250, but they still got US$50 per day, leaving CAAZ with a balance of US$200 per month for all the firefighters on the DRC mission.
They took CAAZ to an arbitrator after they did not get their outstanding allowances.
Mr Bvumbe on August 28 last year granted the order sought by the workers and ordered the parties to agree on the quantum.
The parties returned to the arbitrator with an agreed allowance schedule that was confirmed last week.
Should CAAZ fail to pay the outstanding allowances, the workers can attach property to recover their dues.
Online Reporter