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Daniel Nemukuyu Senior Court Reporter
The Labour Court has quashed an arbitral award compelling the Zimbabwe Anti-Corruption Commission to pay its 26 investigators and intelligence officers outstanding benefits and allowances to the tune of $1,5 million.The arbitrator in 2013 ordered ZACC to pay its workers up to $1,5 million in unpaid allowances including some benefits that were not part of the contracts of employment.

Some claimed benefits included quasi-fiscal assistance rendered by the Reserve Bank of Zimbabwe, including provision of vehicles to investigators.

They also claimed housing loans that others got at the height of the economic meltdown.

Justices Lilian Kudya and Lawrence Murasi unanimously ruled in favour of ZACC after establishing that the arbitrator had erred.

“In conclusion, the court finds that the arbitrator erred in finding that there was a variation of the respondents (workers) contracts of employment.

“Further, the arbitrator erred in awarding benefits, which were not part of the contract,” ruled Justice Kudya.

The court found that the appeal by ZACC had merit.

“The appeal, being with merit, is allowed. The arbitrator’s award dated January 31 2013 be and is hereby set aside . . .”

The court also ordered ZACC to only pay the basic contractual benefits to the exclusion of those that the workers were claiming.

The benefits are: housing allowance, transport allowance, cellphone allowance, 13th cheque , Anti-Corruption allowance and to pay medical aid and life cover for the workers.

But the 26 employees wanted to be provided with vehicles and to get education and school fees allowances, among other benefits.

Last year, the Supreme Court sent back the appeal to the Labour Court for the specialised court to determine the case on the merits.

This was after Advocate Thabani Mpofu, on behalf of the commission, argued that the Labour Court wrongly dismissed ZACC’s appeal on a technicality.

According to court documents, the contract signed by the employees was such that they were entitled to a housing allowance, transport allowance, cellphone allowance, and provision of motor vehicles to officers without vehicles, a 13th cheque, anti-corruption allowance, group life cover, medical aid, risk allowance, education and school fees allowance.

In March 2013, arbitrator Mr Rodgers Matsikidze, ruled in favour of the employees.

He awarded each of them amounts of between $53 000 and $61 000.

He said the commission’s human resources section was in shambles and that it was unfairly treating the workers.

In the award, Mr Matsikidze urged the commission to take care of the staff.

He also said poor conditions and salaries might tempt them to engage in corrupt activities.

In the appeal, Adv Mpofu argued that the workers were failing to understand the conditions of their employment.

Adv Mpofu argued that the workers were failing to appreciate the nature of support rendered by the Reserve Bank of Zimbabwe at the height of an economic meltdown in the country.

He said the RBZ assisted ZACC with a limited number of vehicles.

When some of the employees got the vehicles, Adv Mpofu said, they wrongly thought it was now part of their conditions of employment.