adminaward granted by independent arbitrator Mr Arthur Manase to be registered as a court order. The money is for outstanding housing allowances dating back to over a year ago.
Zimsec management and the workers signed a collective bargaining agreement last year, but the employer reneged in honouring some parts of the agreement.
This forced the workers to institute labour proceedings for the enforcement of the CBA resulting in the arbitration being granted in favour of the workers.
The award was quantified before the same arbitrator and the money was to be divided among employees in various grades.
The CBA was signed as a total package, with all the relevant authorities endorsing the agreement.
Workers demanded a 56 percent increment and US$210 in housing allowances, while the examination body was offering 10 percent.
To end the stalemate, the workers and management later agreed to the 10 percent salary increment and that loans for housing, vehicles and personal use, could be used to fund employees’ allowances.
It was also agreed that money for vacant posts could be used to increase employees’ salaries and allowances.
According to court papers filed at the High Court, where Zimsec employees are cited as the applicant and Zimsec as the respondent, the workers accused their employer of breaching the CBA both parties signed last year, hence the intention to register the award as a court order.
They alleged the examination body acted in bad faith by reneging on the disbursement of the initially promised amount, which had been budgeted for housing and car loans for the workers.
Zimsec in its notice of opposition filed at the High Court said the award could not be registered because the claimant was not a “legal persona”.
“Firstly the applicant is Zimsec employees. There is no legal persona called Zimsec employees. This for instance, if this court (High Court) dismisses the present application with costs, such an order will be enforceable against who?
“Therefore, whatever the organisation is called Zimsec employees, such an organisation has no legal personality to sue or be sued,” read part of the opposing affidavit.
Zimsec said the award the workers sought to register was appealed against in the Labour Court (case number LC/H/28/12).
“Accordingly, the award was suspended by the noting of the appeal. Therefore it cannot be registered.
“The appeal suspended the award and therefore the arbitrator had no jurisdiction to quantify in terms of a suspended order,” the opposing affidavit further stated.
Zimsec said the arbitrator awarded “wild” increases that were not sustainable.
“In its submissions to the arbitrator, the respondent clearly demonstrated the financial impact that would result if the arbitrator awards increases claimed by claimants,” the affidavit read.
However, the workers argued the financial loss being referred to was non-existent since their claim was premised on the US$420 000, which had already been budgeted for housing allowances.
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