ILSA to pay US$744

underpaying her. Ms Marjorie Qinisela was employed as a laboratory technician on May 5, 2009. According to the contract, confirmation of her employment was subject to her successfully completing probation.
At the end of three months, her contract was terminated on two weeks notice. The matter was then referred to an arbitrator who ruled that Ms Qinisela had been unfairly dismissed.
The arbitrator went on to order ILSA to pay some shortfalls on her salary to the tune of US$744. Aggrieved by the arbitration ruling, the college appealed to the Labour Court, while Ms Qinisela also cross-appealed challenging confirmation of her dismissal.
Labour Court president Ms Betty Chidziva said the issue to be decided therefore was whether Ms Qinisela’s employment was lawfully terminated. She said the other issue was whether or not it was competent for the arbitrator to deal with an issue outside terms of reference.
Ms Chidziva said: “To start with, the termination of contract was within the confines of this contractual agreement and the two weeks notice was given as per provisions of the Labour Act.
“The appellant (ILSA) has further argued that underpayment of wages was not part of the terms of reference referred for arbitration and thus it was not competent for him to deal with such an issue.”
She pointed out that the arbitrator, however, rightly stated that the issue of underpayment was “peripheral to the award.”
“The Act also states that it is not per (see) that the award that is outside the terms of reference should be set aside. Appellant does not dispute that they underpaid the respondent. The arbitration award stated that it was done in terms of the NEC Collective Bargaining Agreement which provided that respondent was supposed to be paid US$468, yet she was receiving US$220 per month,” said Ms Chidziva.