Company ordered to pay guards a total of $80 000

Thirty five guards from Enterprise Dog Handler Unit who had been prejudiced of their outstanding overtime will smile all the way to the bank following an arbitral award compelling the employer to pay them more than $80 000.

The grievance started when the security company was moved from the agricultural sector to the commercial sector. T h e agricultural sector has 252 working hours per month while the commercial sector works for 208 hours per month. The guards also submitted that they worked for 21 continuous days and rested for the remainder of the month since their workplace was far from their homes. The employer however argued that the guards never complained about the overtime during their tenure of employment adding that the issue had been agreed at works council. The employer also submitted that the matter had prescribed since the workers had been transferred in 2007 and only raised the matter in 2011.

In adjudicating the arbitrator Munyaradzi Dangarembizi noted that the matter had not prescribed since overtime claim forms were submitted up to the time of termination of the workers' contracts. He also dismissed the employer's assertion that by raising the issue after termination the guards' claim should be deemed a malicious act of disgruntled ex-employees.

The arbitrator also noted that a memorandum signed between the workers and management in 2003 when the company was moved from the agricultural to commercial sector did not spell out that workers were not to be paid overtime.

"Even if this was the understanding between the works council members, I accept claimants' argument that this agreement was supposed to be referred to the National Employment Council (NEC) for approval. It was not referred. I accept the argument that employers cannot bargain away more favourable conditions contained in the collective bargaining agreement without the approval of the NEC," reads the award.

The arbitrator also noted that the dog handler unit was not disputing that the guards had worked overtime but arguing that it was agreed at works council but since the agreement was not approved by the NEC it was invalid and the guards were entitled to be paid overtime.

The guards were represented by Ratidzo Gasva of the Zimbabwe Security Guards Union.