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 from the arbitral award, the Labour Court rejected two and upheld three of those claims. The present appeal lies against the latter decision. There was no cross-appeal by the respondent. The Decision of the Labour Court The court a quo found that the arbitrator’s award of an outstanding 5 per cent salary allowance was unclear and that, as was conceded by the respondent, the arbitrator fell into error in that respect. The court also reversed the award of an engineer’s allowance on the basis that the payment of this allowance to some but not all employees was not arbitrary but premised on a rational differentiation in skills and the exigencies of the appellant’s business. As regards the school fees allowance, the court found that this allowance was introduced by a Collective Bargaining Agreement concluded in 2009 (the 2009 CBA) and had become a vested contractual entitlement. The appellant could not unilaterally withdraw it and the arbitrator’s decision to restore this allowance was therefore correct. With respect to the claim for an increase in the fuel allowance, the court noted that the arbitrator did not allow or dismiss the claim but simply ordered the parties to negotiate a reasonable quantum within 30 days. The ground of appeal in this connection was unmeritorious and accordingly dismissed. 2

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