Innscor Appliance Manufacturing v Luckmore Dambe

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO. LC/H/420/13
HELD AT HARARE ON 6 JULY, 2013
CASE NO. LC/H/544/10
In the matter between
---------




IN THE LABOUR COURT OF ZIMBABWE 	JUDGMENT NO. LC/H/420/13

HELD AT HARARE ON 6 JULY, 2013			CASE NO. LC/H/544/10

In the matter between

INNSCOR APPLIANCE MANUFACTURING			-        Appellant

And

LUCKMORE DAMBE						-	Respondent

Before The Honourable B.T. Chivizhe: President

For Appellant 	-	Mr. E. Donzvambeva – Wintertons  (Legal Practitioner)

For Respondent	-	In Person

CHIVIZHE, B.T.:

The present appeal was noted against the arbitral award handed down on 27 September 2010.

The background factors to the matter are as follows;

The Respondent is employed by the Applicant.  He was engaged in 1994 initially as Quality a inspector a position covered by the national National Employment Council Collective Bargaining Agreement.  He was elevated to the position of Quality Assurance Supervisor in 2002.  The Appellant faced viability problems which resulted in shutting down some departments including Quality Control Department.  The Respondent’s position of Quality Control Supervision became redundant.  The Appellant and Respondent reached an agreement in terms of which Respondent was transferred to the Service Centre Department as Junior Customer Consultant.

In terms of the letter of transfer dated 14 May 2009 (…….signed by both parties) the transfer did not affect Respondent salary and other general ……. Of service which remained as they were. The parties also agreed on the job description of the Respondent’s new duties and responsibilities as Quality Control Supervisor on 15th of May 2009.

On 12th of June 2009 the Respondent filed a complaint with the Ministry of Labour.  The matter went for conclusion and when the Labour Officer failed to resolve the dispute matter was referred to compulsory arbitrator.  The terms of reference were:

whether or not the employee was unfairly transferred.

whether or not he is entitled to back-pay.

whether or not he is being paid inappropriate salaries and to determine the appropriate remedies.

The Arbitrator handed down an arbitral award in favour of the Respondent on 27th of September 2010.  The award in its appearance part reads as follows;

In view of the above analysis-

I find that the transfer was unfair in that the Respondent did not maintain the terms and conditions of his original contract as such the Respondent is ordered to honor the terms and conditions as per the original contract letter.

I order that the Applicant be paid all his back pays effecting all the increments hence the appropriate salaries.

Failure to agree either party can approach the Arbitrator for quantification.

This to be implemented within 14 days of receipt. I award accordingly.

Dissatisfied with the award the Appellant has lodged the present appeal.  The appeal has been noted on the following grounds of appeal;