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Harare accountants seek registration of arbitral award

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At least 15 accountants in the City of Harare have approached the High Court seeking to register their $281 487 arbitral award as a court order, with a view to execute the judgment after their employer allegedly refused to implement it.

At least 15 accountants in the City of Harare have approached the High Court seeking to register their $281 487 arbitral award as a court order, with a view to execute the judgment after their employer allegedly refused to implement it.

BY CHARLES LAITON

gavel

The accountants were each awarded different amounts ranging from $14 000 to $22 000.

But, the council has since filed an opposing affidavit arguing paying such a huge amount would cripple its service delivery system and render the council dysfunctional, adding the award was contrary to public policy.

In his affidavit forming part of the court papers, former town clerk Tendai Mahachi said: “The registration of the award would be against the public policy of Zimbabwe…the award is itself contemptuous of the Labour Court and it is certainly not in the interest of the public that such an award be registered.”

The impasse between the council and its accountants over the payment of non-practicing and responsibility allowances started sometime in 2012, when the human capital director produced a report which was circulated to city treasury making recommendations for the payment of such allowances, but was never implemented.

According to the court papers, sometime in November 2011, council had resolved that the human resources and general purpose committee considers the issue of incentivising the accountants by payment of certain staff retention allowances such as non-practicing allowances, being 20% of their basic and responsibility allowances.

That having been agreed, the human resources and general purpose committee referred the item to the human capital director and the city treasurer to implement as all groundwork had been done.

However, “because of lack of appetite for action on the part of council management”, arbitrator Kenneth Nhongo said, the resolution was not implemented as timeously expected, which led to the parties approaching the National Employment Council resulting in the two certificates of settlement.

Although council had argued that paying such an amount would be acting against “public policy”, Nhongo dismissed the assertion saying the council should pay the accountants.

“I am of the view that the public policy does not refer to organisations such as respondent (City of Harare) who have zeal to create schemes that they do not act upon,” Nhongo said in his arbitral award.

In their application, the accountants urged the High Court to rule in their favour and register the award for which they sought quantification on March 3 last year.