JUSTICE Lilian Hove has reserved judgment in a US$278 520 labour lawsuit involving Choppies Zimbabwe and its employees emanating from a dispute over unpaid dues.
According to court records seen by NewZimbabwe.com, Nanavac Investments Private Limited trading as Choppies Zimbabwe is entangled in a protracted salary arrears dispute with Fredrick Hungwe and 982 others.
The facts of the matter are that in 2024, the National Employment Council (NEC) for the Commercial Sectors awarded a salary increment for the period between March to July 2024. Choppies Zimbabwe did comply with the directive to pay, leaving the employees with no choice except to seek recourse through an Arbitral Award granted on 10 December 2024 directing the employer to pay the employees.
Aggrieved by the ruling, Choppies Zimbabwe approached the Labour Court arguing that the Arbitrator erred in passing the award by ordering compliance with a CBA which had not been registered by the Ministry Public Service, Labour and Social Welfare.
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Among other arguments, the employer parties are also arguing that they had applied for an exemption to access a waiver on complying with the CBA.
In mitigation, the Commercial Workers Union of Zimbabwe (CWUZ) which is representing the employees, argued that non-registration of CBAs does not deter the employer and employee parties to the NEC from compliance.
It was further noted that the procedure of registration is not meant to validate the CBAs but enforce compliance to non-NEC members, a condition which does not apply to Choppies Zimbabwe.
“The appellant is now hiding its finger by stating that the CBA was negotiated by a non-existent employment council yet it knows that application for exemption was denied and it acknowledged that since it is the one that made the application to the committee which is the same committee it is say is a nullity,” CWUZ submissions read in part.
The workers dismissed the applicant’s argument that the Collective Bargaining Agreement is null and void is a misinterpretation of the law since Section 56 did not abolish the National Employment Councils making CBAs binding hence employees should be paid.
The matter now awaits final considerations and judgment issuance.
Read the original article on New Zimbabwe.
