Econet, TelOne face legal action

of Statutory Instrument 1 of 2012 governing collective bargaining in the communications and allied services industry.
The NEC said failure to comply with provisions of the Labour Act with regard to the SI on CBAs constituted an unfair labour practice punishable at law.
Econet and TelOne have fought protracted battles with workers’ representatives over their reluctance to be bound by the telecommunications codes of conduct.
Already, there is a pending court case between the workers’ representatives and TelOne over the latter’s intention to withdraw from the NEC.
The NEC said the court case may still proceed, but TelOne should comply with rules governing the communications and allied services industry
And Econet last year queried the authenticity of the NEC’s variation of its registration certificate before Government confirmed the council’s authority.
In correspondences sent to both telecommunication firms and Zimpost, the NEC said the law required these companies to register with the council.
The NEC’s secretary-general, Mr Elismore Tavengwa, pointed out the CBA was binding in terms of Section 82 (1)(a) of the Labour Act Chapter 28:01.
“This serves to inform you that the Collective Bargaining Agreement for the Communications and Allied Services Industry Statutory Instrument 1 (2012) was published on Friday January 6, 2012,” said Mr Tavengwa.
“In terms of Section 36 (1) of this Statutory Instrument every employer in the communications and allied services industry . . . is required to register one month from the date of the CBA coming into force,” said the NEC.
This binds employers in the business of telecommunications, postal services, cellular communications, courier services, phone shops and public finance.
Mr Tavengwa said none of the companies bound by the regulations for the sector should query its authority, but pointed out that any member who wished to challenge the NEC’s authority should do so in the courts of law.
Most of the big firms in the communications and allied services industry, namely TelOne, NetOne, Zimpost and Econet often clash with the NEC or worker representatives over issues pertaining to workers’ welfare.
Thousands of workers were dismissed from their employment by these firms following protracted legal battles due to the employers’ financial clout.
Every year, collective bargaining in the communications and allied services industry, eventually, ends before an arbitrator or in the court of law.