DISTRIBUTED BY VERITAS TRUST Tel: [263] [4] 794478 Fax & Messages [263] [4] 793592 E-mail: veritas@mango.zw Veritas makes every effort to ensure the provision of reliable information, but cannot take legal responsibility for information supplied. Judgment No. SC 35/18 Civil Appeal No. SC 519/17 As regards the allocation of personal issue motor vehicles, the court found that this claim was justified by dint of a letter written in April 2008 by the Managing Director of one of the appellant’s subsidiaries, coupled with a motor vehicle policy document issued by the appellant in May 2011. The arbitrator was therefore correct in allowing this claim. The final question before the court a quo pertained to the appellant’s plea of financial incapacity. The court found that this issue was not directly placed before the arbitrator nor specifically addressed by him. In any case, the appellant had not availed the evidence necessary to show that it was in fact insolvent. In the event, the court a quo dismissed the claims for outstanding salary and engineer’s allowances. The claim for an increase in the fuel allowance was referred back to the parties to negotiate a reasonable increment. As against the appellant, the court ordered that the school fees allowance should be paid with effect from 2009. It also held that the personal issue motor vehicle benefit was applicable to all D3 managers in all of the appellant’s subsidiaries. There was no order as to costs. Grounds of Appeal In its grounds of appeal, the appellant avers that the court a quo erred in the following respects: • in concluding that the 2009 CBA pertained to the respondent which was not a party thereto and which had not been formed as at 2009; 3