BY JAMES MUTASA

A Nyanga based private Secondary School, Cresent College, was recently ordered to pay USD2253, 26 to its former teacher Melody Matimba being money accrued as a result of underpayments, within 30 days of receiving the arbitral award, by a Chipinge Government Arbitrator, Desire Makaure.

The arbitrator, Makaure, was requested to determine whether Matimba was either unfairly dismissed or underpaid by Chawadya, a Nyanga Labour Officer who had attempted to settle the matter by way of conciliation.

According to the arbitral award Matimba was employed by the Private College from 04 September 2023 to 30 March 2024 on a contract without limit of time and she never signed a contract of employment upon engagement. She further submitted that she was dismissed from employment by way of a dismissal letter that was delivered to her by the Respondent on the 2^nd of April 2024. According to the Claimant no disciplinary processes were done before.

Matimba told the arbitrator that she was being underpaid from September 2023 to March 2024 as she was being paid wages below NEC Welfare and Educational Institutions stipulated wages. She submitted that, from September to December 2023 she was being paid USD100,00 and in January, February and March 2024 she was paid USD120,00, USD130,00 and USD150,00 respectively instead of USD414,85.

But the Principal and owner of Cresent College a Mafukidze did not dispute that he was paying the mentioned amounts but he argued that, the college and former employee had both agreed for USD100,00 hence Matimba cannot claim underpayments.

Mafukidze also stated that Matimba was never unfairly dismissed as he asserted that she was on a fixed-term contract, a fact backed by a seven-month fixed-term contract signed by both parties. Mafukidze claimed that he wrote to Matimba aa a way to notify her that the fixed-term contract would not be renewed upon expiry.

“The fixed-term contract expired by effluxion of time thus not amounting to unfair dismissal because it stipulated the starting date and ending date as supported by section 12(3a) and 4 of the Labour Act Chapter 28:01. It therefore means that fixed-term contracts automatically terminate at the end of the contract period,” reasoned Makaure in justifying Matimba’s dismissal.

“As regards to underpayment,’ Makaure went on, ‘both parties agreed that wages being paid were below the NEC stipulated ones. However, the Respondent’s claim that they have agreed on, does not hold much water because he could not prove that he applied and had been granted exemption from paying minimum wages. The Respondent failed to direct this tribunal to any evidence that immunize him (Respondent) from paying NEC wages.”

“Therefore, the Claimant ought to be paid all her outstanding balances arising from the underpayments as according to NEC wages and such balances amount to USD2253, 26.’ Makaure concluded his award.