Home » Business » CAAZ Ordered to Promote 10 Managers

THE Civil Aviation Authority of Zimbabwe has been ordered to promote 10 employees who have been serving as acting managers for at least six consecutive months in line with Statutory Instrument 55 of 1992. Labour Court judge Justice Fatima Maxwell recently held that all workers in the air transport sector cannot serve in an acting capacity on higher position for a period exceeding six months.

Hence the 10 should be confirmed as substantive managers with immediate effect, the judge ruled.

The 10 workers are Rumbidzai Malete, Giward Zanbyji, Benedict Shangiwa, Monica Chidawanyika, Margaret Kwangwari, Florence Tsikwa, Edmond Gomo, Elison Makotore, Mitchell Chonja and Langton Kadzimwe.

They succeeded after a g and convincing argument by top labour lawyer Mr Caleb Mucheche of Matsikidze and Mucheche law firm.

Citing Section 17 (2) of SI 5592 and Clause 10.4.4 of the Human Resources Manual, Justice Maxwell quashed an arbitral award that condoned the practice by CAAZ as legal and ordered the immediate confirmation to their respective management positions.

“In my view, the circumstances of this case are such that the respondent is under an obligation to promote whoever is in an acting position once six months have expired.

“The source of the binding obligation imposed on the employer by law is Section 17 (2) of SI 5592 and Clause 10.4.4 of the Human Resources Manual.

“The appellants’ argument is therefore with merit on this basis and I therefore find that the arbitral award cannot be supported and the appeal must succeed,” ruled the court.

Section 17 (2) of SI 5592 reads: “On completion of six consecutive months’ acting appointment, an employee shall be confirmed in that appointment.”

Clause 10.4.4 of the Human Resources Manual also reads: “An employee shall be appointed into an acting position for a period of up to but not exceeding six consecutive calendar months.”

The judge also ordered CAAZ to pay the 10 outstanding salaries and benefits calculated from the time when they started serving as acting managers.

“The respondent be and is hereby ordered to pay claimants’ arrear salaries and benefits from the time each acted in excess of six months.

“The parties are to agree on the quantification of the arrear salaries and benefits within 30 days of this order failing which either party may approach the Labour Court for quantification,” she said.

The court also found it absurd for a company to appoint in an acting capacity someone whom it does not trust for more than six months.

The 10 were appointed to various management positions around 2010 and 2011 for periods exceeding six months in an acting capacity.

They clashed with CAAZ over the issue and the matter was taken for conciliation.

After failing to settle the case at conciliation stage, it was then referred for arbitration where an arbitrator ruled in favour of CAAZ on December 12 last year.

The workers then appealed to the Labour Court and the judge overturned the arbitrator’s decision.

Source : The Herald

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