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 • • in allowing the respondent’s claims for school fees and increased fuel allowances and personal issue motor vehicles for D3 managers; • in not concluding that the appellant had objectively demonstrated its inability to satisfy the respondent’s claims of interest on account of its insolvency; and • in upholding an irregular award against the appellant’s subsidiaries which were not parties before the arbitrator or the court. Relevance and Applicability of 2009 Collective Bargaining Agreement The original Collective Bargaining Agreement for the Zimbabwe Electricity Supply Authority Undertaking (General Conditions), S.I. 1 of 2008, provides that emoluments and allowances for all staff employed by the appellant would be negotiated through collective bargaining. The 2009 CBA, which appears to have been the basis for the allowances claimed before the arbitrator and the Labour Court, is an adjunct to the original 2008 Agreement. However, at the hearing of this appeal, it became evident that the 2009 CBA did not specifically address or provide for those allowances. A perusal of the instrument concluded on 17 February 2009 (as contained in the record) shows that it is confined to the payment of a fixed sum of US$190 (to cascade from grade A3 through to grade D2) and the commitment to pay a transport allowance (of an unspecified amount) in advance. It contains no reference whatsoever to the school fees allowance and the fuel allowance increase presently under consideration. 4