Business / Companies
Zimbabwe energy minister sued by Zesa managers
05 Jul 2011 at 10:42hrs | Views
THIRTY NINE Zesa Holdings' managers are accusing Energy and Power Development Minister Elton Mangoma of usurping the powers of the power utility's board by unilaterally slashing their salaries in alleged violation of the Labour Act.
The minister's decision, according to the managers, favoured engineers at their expense.
Minister Mangoma, however, denied ever interfering with the board, saying his decision simply sought to de-link managers from the National Employment Council salary increase.
He said managers unlike non managerial staff should get performance-based salary increments to avoid a situation whereby they end up "negotiating for themselves".
According to the managers, the salary cuts resulted in some engineers earning much more than them.
Aggrieved by the minister's alleged involvement in the nitty-gritty issues of the running of the power utility, the 39 managers have instructed their lawyer, Mr Caleb Mucheche of Matsikidze and Mucheche, to seek referral of the matter for concilliation on an urgent basis.
Mr Mucheche last Friday wrote to the principal labour officer at the Ministry of Labour challenging the reduction of the salaries and allowances, accusing Minister Mangoma of meddling in issues that did not concern him.
The workers argue that the slashing of salaries and allo-wances by Zesa, through Minister Mangoma, was illegal.
According to papers filed with the Ministry of Labour, Zesa unilaterally reduced housing allowances from 30 percent of basic salary to 25 percent.
Retention allowances were cut down from 35 percent to 20 percent of basic salary while responsibility allowance was cut from 25 percent to 20 percent.
In 2010, Zesa Holdings board of directors awarded Grade D5 managers a 10 percent salary increment but that was unlawfully and unilaterally reduced to 7,5 percent.
The workers claim that on June 1 this year, the board, aga-in, awarded the managers salary and allowance increases, which Minister Mangoma reduced.
Salaries had been increased by 18 percent with 11 percent differentials between the grades while housing allowances went up from 25 percent to 30 percent of the basic salary.
"However, the Minister of Energy and Power Development Elton S Mangoma unilaterally and unlawfully reduced the salary increment from 18 percent to 12,5 percent and pegged the differential between D5 grade and the grade below at 3,8 percent," documents read.
Despite a letter by the Zesa board chairman highlighting flaws in the salary review, the minister insisted on his decision prompting the managers to take the matter up.
The minister's decision, according to the managers, was illegal and should be nullified.
"The minister's decision is a stinking illegality because he does not have the legal power to unilaterally vary the terms and conditions of employment of the D5 employees who are in a non-designated post.
"On June 15 the board chairman wrote to the minister advising him of the flaws in the salary review but the advice seems to have fallen on deaf ears and the minister is still treading the path of illegality.
"It is amazing that the minister is unwittingly usurping the powers of the board of directors and arrogating to himself the power to determine the conditions of service of em-ployees at his whim and caprice."
The workers described the conduct of Minister Mangoma as "anti-social justice and democracy in the workplace".
It was further described as "autocratic, barbaric and heartless".
The workers, in the same case, have urged the board of directors and executive management to refuse to be used as willing appendages and tools for effecting the minister's "illegal" decisions.
"It cannot be over-emphasised that the minister does not have either a legal or moral right to impose himself in the nitty-gritties of the terms and conditions of employment between Zesa and its employees.
board of directors at Zesa Holdings have been rendered lame ducks as the minister has unlawfully subsumed in himself the role of the board of directors and executive management," the managers said.
Last night, Minister Mangoma said the managers in question were below the levels he dealt with.
He said the managers and other lower ranking officers should deal with their board on such matters.
"I simply told the board that the managers' salaries must be de-linked from the National Employment Council salaries. The danger of linking them to the NEC increments is that of having them negotiating for themselves.
"Their salaries can be more or less depending with the situation. After all, I only deal with those in designated levels and the said managers and other lower grades should deal with their board."
The minister's decision, according to the managers, favoured engineers at their expense.
Minister Mangoma, however, denied ever interfering with the board, saying his decision simply sought to de-link managers from the National Employment Council salary increase.
He said managers unlike non managerial staff should get performance-based salary increments to avoid a situation whereby they end up "negotiating for themselves".
According to the managers, the salary cuts resulted in some engineers earning much more than them.
Aggrieved by the minister's alleged involvement in the nitty-gritty issues of the running of the power utility, the 39 managers have instructed their lawyer, Mr Caleb Mucheche of Matsikidze and Mucheche, to seek referral of the matter for concilliation on an urgent basis.
Mr Mucheche last Friday wrote to the principal labour officer at the Ministry of Labour challenging the reduction of the salaries and allowances, accusing Minister Mangoma of meddling in issues that did not concern him.
The workers argue that the slashing of salaries and allo-wances by Zesa, through Minister Mangoma, was illegal.
According to papers filed with the Ministry of Labour, Zesa unilaterally reduced housing allowances from 30 percent of basic salary to 25 percent.
Retention allowances were cut down from 35 percent to 20 percent of basic salary while responsibility allowance was cut from 25 percent to 20 percent.
In 2010, Zesa Holdings board of directors awarded Grade D5 managers a 10 percent salary increment but that was unlawfully and unilaterally reduced to 7,5 percent.
The workers claim that on June 1 this year, the board, aga-in, awarded the managers salary and allowance increases, which Minister Mangoma reduced.
Salaries had been increased by 18 percent with 11 percent differentials between the grades while housing allowances went up from 25 percent to 30 percent of the basic salary.
Despite a letter by the Zesa board chairman highlighting flaws in the salary review, the minister insisted on his decision prompting the managers to take the matter up.
The minister's decision, according to the managers, was illegal and should be nullified.
"The minister's decision is a stinking illegality because he does not have the legal power to unilaterally vary the terms and conditions of employment of the D5 employees who are in a non-designated post.
"On June 15 the board chairman wrote to the minister advising him of the flaws in the salary review but the advice seems to have fallen on deaf ears and the minister is still treading the path of illegality.
"It is amazing that the minister is unwittingly usurping the powers of the board of directors and arrogating to himself the power to determine the conditions of service of em-ployees at his whim and caprice."
The workers described the conduct of Minister Mangoma as "anti-social justice and democracy in the workplace".
It was further described as "autocratic, barbaric and heartless".
The workers, in the same case, have urged the board of directors and executive management to refuse to be used as willing appendages and tools for effecting the minister's "illegal" decisions.
"It cannot be over-emphasised that the minister does not have either a legal or moral right to impose himself in the nitty-gritties of the terms and conditions of employment between Zesa and its employees.
board of directors at Zesa Holdings have been rendered lame ducks as the minister has unlawfully subsumed in himself the role of the board of directors and executive management," the managers said.
Last night, Minister Mangoma said the managers in question were below the levels he dealt with.
He said the managers and other lower ranking officers should deal with their board on such matters.
"I simply told the board that the managers' salaries must be de-linked from the National Employment Council salaries. The danger of linking them to the NEC increments is that of having them negotiating for themselves.
"Their salaries can be more or less depending with the situation. After all, I only deal with those in designated levels and the said managers and other lower grades should deal with their board."
Source - .
