Disgruntled top managers drag TSCZ to court

Patrick Chitumba Midlands Bureau Chief
THE Traffic Safety Council of Zimbabwe (TSCZ) has been taken to the labour court by five of its top provincial managers for underpaying salaries to the tune of over $150,000 minus 15 percent interest.

The figure is said to be increasing monthly until the underpayment ceases.

According to labour court documents in the possession of The Chronicle, a labour court matter pitting managers C Muzuva, J Mangami, B Mpofu, D Guruva and G Mateta vs Traffic Safety Council of Zimbabwe, “Unilateral variation of conditions of service and underpayment of salaries from July 2013” was supposed to go for conciliation before a labour court officer, an L Maposa but failed to take off since TSCZ’s lawyer’s are considering an out of court settlement.

“We refer the above matter for conciliation before a labour officer in terms of Section 99 of the Labour Act, Chapter 28: 01. Since July, 2013 each of our above clients was being underpaid by their employer, being the Traffic Safety Council of Zimbabwe, an amount of $1,605 a month,” reads part of the letter directed to the Principal Labour Officer from the manager’s legal representative, Godfrey Mutseyekwa of Danziger and Partners.

“As of this month, each of our clients has been underpaid a total of $30,495, which will be subject to $1,605 a month from February, 2015 to the date that the underpayment ceases.”

The managers allege that TSCZ general manager, Obio Chinyere, changed the salary schedule-formula without consulting them.

They claim as at June 2013, they earned a monthly salary of $1,871,52, cellphone and representation allowance of $55 and $187,15 a month respectively. “The agreed formula was applied for seven years until July 2013 when without any consultation with or consent of our clients, you wrongfully, unlawfully and unilaterally varied the formula of fixing our clients salaries. You effected the unilateral variation by your memorandum of 11 July 2013 in terms of which you set the Directors salary at 70 percent of yours and our clients at 60 percent of the directors,” reads the letter. They said applying the new formula, their salaries were then fixed to $2,100 a month with a cellphone and representation allowances at $80 and $210 respectively.

“Had the formula agreed upon in 2006 been applied our clients would, with your salary at $5,000 a month, have earned $3,400 a month. And basing on your cellphone and representation allowances of $500 and $375, they would have earned $340 and $255 respectively in that regard. Each of our clients has therefore been prejudiced each month as follows since July 2013, short fall on salary $1,300, shortfall on cellphone allowance $260 and short fall on representation allowance being $45,” reads the letter. Chinyere said he was not aware of the labour matter and referred The Chronicle to TSCZ board chairman, Nelson Mawema who had no kind words for this reporter.

“First tell me who your source is and I’ll tell you what’s happening. If you don’t want you and your managers can go wherever you want,” said Mawema.

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