THE Supreme Court has ordered employers in the timber
sector to pay the minimum wage of US$150 to workers.
In its application, the Timber Sector Employers’
Association had initially wanted the court to reduce the minimum wage from
US$150 to US$105. This was to challenge a ruling at arbitration which had
upheld that the minimum wage in the sector remain at US$150. The employers had
wanted to continue paying US$105 which they had paid when they were exempted
from paying the agreed minimum wage of US$150 for a six-month period. However,
Gapwuz contested the position, resulting in the two parties going to arbitration.
However, in their heads of argument, the employers changed
position and argued that since the award was borne out of compulsory
arbitration and not voluntary arbitration, the award by the arbitrator was null
and void. The collective bargaining agreement between the two parties of US$150
is constituted in Statutory Instrument 55 of 2013.
In the judgment, Justices Rita Makarau, Benjamin Gowero and
Francis Bere ruled that the appeal succeeds and set aside the arbitral award of
October 2015.
According to the interpretation by Gapwuz lawyers, Mabundu
& Ndlovu Law Chambers, the judgement only set aside the arbitration award
but did not reduce the minimum wage as the court does not have the power to do
so.
“All employers who are paying below the minimum wage
without being exempted are guilty of underpaying employees and the union
(Gapwuz) can sue the employers on behalf of their members for underpayments,”
the lawyers said.
Gapwuz acting general secretary Golden Magwaza told
businessdigest when they won the wage dispute at arbitration that the ruling
was a vindication of their fight for workers in the timber sector.
“We are very happy with this ruling because we have
fighting for workers to get this minimum wage since 2012,” Magwaza said. Zimbabwe
independent
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