BY JAMES MUTASA

An independent arbitrator Lawrence Gabilo recently ruled out that Afrochine Smelting should pay its former employee Kudakwashe Matundu US$6455-01 as a result of accrued gratuity and underpayment of wages which is in line with NEC Ferro Alloy industry increases, allowances and statutory industry for services.

Matundu who was represented by National Union of Metal and Allied Industry in Zimbabwe (NUMAIZ) had told Gabilo that from January 2020 to December 2024 was paid salaries which were below the Ferro Alloy industry minimums. Matundu added that he was employed in 2019 and that he had served Afrochine Smelting for over 5 years and in that respect, he had qualified for service increment in terms of section 5(c) of SI 76 of 2017 which regulates working conditions of the Ferro Alloy Industry.

But, the Human Resources Manager of Afrochine Gilbert Kwaramba, refuted Matundu’s submission arguing that the claim for alleged underpayments from January 2020 to December 2024 is totally defective, prescribed and without legal foundation.

‘Claimant was engaged on 10 October 2019 as a Trainee Crane Operator,’ reads part of Kwaramba’s submissions to Gabilo. Kwaramba further asserted that at the time of engagement Matundu did not possess any prerequisite qualifications or experience required to independently operate heavy crane machinery.

“Crane operation at Ferro Alloy smelting environment is a highly technical, safety – requiring extensive training beyond ordinary industrial roles,” submitted Kwaramba. Kwaramba maintained that, Matundu was not underpaid but he was remunerated in accordance with his designation and level of competence, training status and the applicable wage structure under the Ferro Alloy Industry CBA.

In his award Gabilo dismissed the issue of prescription for lake of merit, ‘it is noted that a grievance form was filed by the Claimant on 2 December 2024 alleging non-payment of gratuity, underpayment of wages and non-payment of allowances.

“There is no evidence that the matter was amicably resolved prior to the matter being referred to this tribunal,” Gabilo wrote.

“Having carefully analysed the parties’ submissions and evidence tendered, I hereby conclude that the claimant is owed gratuity in line with the industry collective bargaining for ferro-alloys, statutory industry for service, he is also owed under-payment of wages in line with the NEC increases and allowances applicable to the industry.

“Accordingly, l order that Respondent to pay Claimant restitution of a sum of US$6455.01, blended as 80 percent USD and 20 percent ZIG. Restitution to be paid in total within 7 days from the date of receipt of this award,” ruled Gabilo who added that parties were to share arbitral costs equally”.