THE High Court has declared the National Employment Council (NEC) for the Mining Industry constitution and collective bargaining agreement on salaries and wages null and void in a landmark ruling made in Chinhoyi.
High Court judge Justice Philda Muzofa’s ruling, handed down last week, is a significant victory for the mining workers who were being represented by Kumbirai Masasire of Masasire Law Chambers.
There are approximately 35 000 mine workers formally employed in Zimbabwe.
The mining industry NEC recently approved a US$3,55 salary increment for mining workers for the July to December period despite the high cost of living in the country.
In a recent circular issued by the mining industry NEC, the lowest mine worker’s salary was raised by US$14,20 for the April to June period, from US$355 prior, taking the new minimum wage to US$369,20.
From the US$369,20, however, NEC added US$3,55 to the minimum wage, making it US$372,75 for the July toDecember period.
The marginal increase came despite the rise in US dollar prices and a higher exchange rate used to price goods and services in Zimbabwe Gold compared to the formal one.
However, according to an application filed by several mining trade unions and workers, the council’s constitution and collective bargaining agreement were created without input from stakeholders, violating labour laws and fair standards.
The workers argued that the Associated Mine Workers Union of Zimbabwe, one of the respondents, dominated the council at the exclusion of other trade unions in the decision-making process.
In her ruling, pronounced on July 18 this year, Justice Muzofa granted the workers application for a declaratory order and consequential relief.
“The exemption order granted in favour of the Associated Mine Workers Union of Zimbabwe on May 3, 2024, is declared null and void. The exemption order is set aside in its entirety,” the court papers read.
The court further ordered the respondents, including the mining industry NEC and the Associated Mine Workers Union of Zimbabwe, to pay the costs of the lawsuit on an attorney-client scale.
Speaking to NewsDay, Masasire said his clients deserved equitable inclusion in decision-making processes, particularly those that involve their welfare as workers in the mining industry through their trade unions.
“This ruling is a significant victory for mining workers, who have been fighting for fair representation and better working conditions,” he said.
“Going forward, the council has to ensure that the voices of the workers are heard through their trade union representatives because they advocate for the needs of the workers, including fair salaries, protective clothing and good working conditions.”
One of the mine workers and an applicant in the matter, Hakulandaba Chihomboro, who works for RioZim Limited as a fitter assistant, was thrilled by the court’s decision.
“This is a victory for all mining workers who have been marginalised and excluded from the decision-making process. We look forward to a more inclusive and equitable collective bargaining agreement,” he said.
According to court papers, the now null and void constitution was signed on February 26 and the collective bargaining agreement for salary rates for the year 2024 was signed on June 18 this year.
The salary rate document indicated that the minimum salary to be paid as US dollar component would be US$230, while the highest paid grade in the mining industry would receive US$535.
In March this year, the mining industry NEC released the proposed structure, affecting workers who fall under grades 1-13.
The NEC proposed structure was in agreement with the Associated Mine Workers Union of Zimbabwe and the Chamber of Mines of Zimbabwe on March 13.
In a circular, NEC said the salaries ranged from US$355 to approximately US$825, although the agreement was subject to review.
It further indicated that foreign currency generating companies would pay the new minimum wages in both the US dollar and local currency.
However, non-foreign currency generating companies, on being granted an exemption, maybe allowed to pay the full US dollar amount in local currency using the official Reserve Bank of Zimbabwe rate. — NewsDay
