LABOUR COURT STRUCK OFF ROLL AN INCOMPATIBLE AWARD

BY JAMES MUTASA

A Labour Court Judge, Justice Bridget Tapiwa Chivizhe recently struck off the court roll an appeal filed by former Peace Security Company (Pvt) Ltd employees arguing that the primary award had failed to provide for alternative remedy of damages in lieu of reinstatement.

Facts of the matter are that Peace Security terminated the 12 employees’ contract of employment in early 2023. The disgruntled employees approached the National Employment Council for Security Industry for redress. A Designated Agent with the NEC for Security Industry, one P. Chitsika ruled that the employees had a legitimate expectation of being re-engaged and ordered respondent to re-engage the claimants with effect from 1 August 2023.

However, Peace Security Company (Pvt) Ltd, represented by Arthur Marara of Arthur Marara Corporate Attorneys, argued before the judge that, Chitsika’s award is invalid because she had failed to provide for an alternative remedy of damages in lieu of reinstatement, therefore it was a nullity at law. For Peace Security Company (Pvt) Ltd reinstatement was no longer tenable.

“I hope this is a lesson learnt by our Designated Agents, not NEC Security, but other NECs too,’ said Bywater Kanyemba a trade union veteran who added, ‘it is trite that where reinstatement is no longer feasible due to incompatibility, breakdown of trust, or passage of time, the appropriate remedy is damages in lieu of reinstatement.”

“Designated agents and NECs are therefore directed to learn from this order. Henceforth, any order that blindly orders reinstatement without considering and providing for damages in lieu thereof, particularly where evidence points to an irretrievable breakdown of the employment relationship, is a nullity at law,” reads the ruling.

Despite this set back the 12 former Peace Security Company (Pvt) Ltd vows to continue fighting for justice.

“It is not over until it’s over, we will rest only after Peace Security has compensated us for the ungracious loss of employment,’ said Cremio Mabauwa one of the employees.