The workers, who are members of the Zimbabwe Tobacco Industries Workers Union, were not offered employment after the 2008 season ended. They raised a complaint with the National Employment Council, which ruled in their favour. This was on the basis that the seasonal workers had a legitimate expectation to be re-engaged. The NEC ordered that they be given preference in engagement for the 2010 season but the company did not comply.
In addition, TPZ was ordered to pay each of them the equivalent of three months pay as compensation. TPZ then filed an application in the Labour Court for a review of the matter. Meanwhile, the workers filed another complaint with a Labour Officer. The matter was referred to an arbitrator, who made an award which basically endorsed the NEC’s determination. TPZ also filed an appeal against the arbitral award with the Labour Court.
With consent of both parties, the appeal and review were consolidated as one case. TPZ argued that the NEC did not have authority to deal with the matter. It further argued that the workers’ contracts expired at the end of the 2008 season and, accordingly, they could not raise grievances with the NEC.
Labour Court President Godfrey Musariri,ruled that the NEC was empowered to deal with the grievances. He said the employees were understood to be TPZ’s seasonal employees and they did not cease to be employees just because the season ended.
Post published in: News