adminZimbabwe after using an incorrect employment code of conduct to charge its workers.
TelOne allegedly first used the Post and Telecommunications sector employment code of conduct to charge the workers yet the code was repealed.
To make matters worse the telecomms operator gave three affected employees photocopies of the repealed new code of conduct after charging them.
Under normal circumstances, firms in the communications sector should give workers original copies of the code of conduct and should also ensure they acquaint themselves with its provisions before they are charged.
Caswuz secretary-general Mr Christopher Chizura said TelOne erred when it charged workers using an old code of conduct and giving workers reproduced copies of the new code on the day of hearing.
“Members of the communications sector should familiarise themselves with the provisions of the code. Part 1: Section 5 and 6 bound the management and the union to make sure staff have sight of the new code,” he said.
The repealed code brought in material adjustments that have a bearing on the trial process for workers charged with wrong doing by their employers.
Efforts to get a comment from TelOne acting managing director Mr Happyton Mhlanga were fruitless yesterday as he was said to be out of office. Mr Mhlanga’s personal assistant did not return the call as she had promised. Mr Last Dzivati, a telecommunications technician, charged with soliciting for a bribe from TelOne clients has since been dismissed from work. He has, however, appealed against
his conviction and dismissal.
The National Employment Council for the communications sector once advised TelOne that it was illegal to reproduce the code of conduct without its permission.
“Please note the NEC Code of Conduct is copyrighted under the Copyright Act and no part of this booklet may be reproduced or transmitted in any form or by any means mechanical or electronic including photocopying, duplicating recording or by information storage and retrieval system without permission in writing from the NEC,” the NEC said. TelOne would have forked out at least US$20 000 to buy the code of conduct for about 2 000 of its workers, but allegedly bought one and reproduced it. But in doing so the State-owned telecommunications firm allegedly breached the law as provided for in labour legislation governing its sector.
Through lawyers Matsikidze and Mucheche Legal Practitioners, Mr Dzivati has appealed his dismissal to the National Hearing Committee of the sector.
He claims attempts to raise grievances of unfair treatment during events preceding an earlier hearing before a Regional Hearing Committee were dismissed.
“What the employees sought to advise was that the code they were being charged with was not given to them as required in terms of the law.
“They sought to advise the employer that in terms of the law they were entitled to be advised of the new code and further to have copy of the same and not to be given in the hearing as in this case,” wrote the lawyers.
Caswuz said perennial labour issues that afflict workers at TelOne were a result of the absence of a board and substantive chief executive officer.
Online Reporter