Government has been ordered to pay a combined US$5,3 million in relocation expenses and interest to the 18 college lecturers it unilaterally transferred last year over various offences. The lecturers successfully challenged their transfers over allegations that included participating in an industrial action. The Labour Court then ordered Government,
represented by Higher and Tertiary Education permanent secretary Dr Washington Mbizvo, to reverse the transfers and meet all relocation expenses in a move that would result in each lecturer getting a minimum of US$10 500.
Labour Court senior President Ms Betty Chidziva last week found Government in contempt of court after it defied the court's decision and ordered the employer to pay each lecturer an average of US$297 000 from October 22 last year in relocation expenses.
The money includes all the expenses the lecturers incurred for the 251 days they were unilaterally transferred.
The workers argued that the relocation expenses, that cover breakfast, lunch, dinner and supplementary allowances, were calculated in terms of the Higher and Tertiary Education travelling and subsistence rates.
The figure is likely to increase until the actual date of relocation.
The lecturers, represented by the College Lectures Association of Zimbabwe, are from Bondolfi, Mkoba and Masvingo Teachers Colleges.
In her judgment, Ms Chidziva said Government had failed to explain why it did not comply with the court order and never sought to apply for its suspension.
"After taking all the arguments into consideration it is this court's view that respondent (Government) is in clear defiance of law. It is hereby ordered that the (1) the respondent pay the applicants (lecturers') relocation expenses amounting to US$184, 92. (ii) The US$184, 92 will increase with total of US$1 000, 80 per day as from 22 October 2012 until the actual date of relocation," Ms Chidziva ruled.
Ms Chidziva also ordered each party to meet its costs of their applications.
She said Government, in contempt of court, had even failed to file a response.
"The applicants have also told the court that the respondents are not properly before this court because they have not complied with the original order neither have they applied for its suspension. The applicants stated that the respondent has appeared in court with dirty hands and thus the matter was to be treated as unopposed," Ms Chidziva said.
In opposing the transfers, the lecturers said Government had breached section 13 (2)of the Public Service Commission regulations in that the transfers were never planned.
"The transfers will deprive established livelihoods.
"The impartiality principle was not observed in imposing penalties as some were fined while others were transferred for the same offences," argued the workers.
After the industrial action, Dr Mbizvo conducted the hearings for more than 300 lecturers who participated in the strike resulting in some being fined while others were warned.
The workers argued that most of them had been separated from their spouses.
Government had argued that disciplinary order had already been enforced and different penalties were imposed because each party of the applicants was facing different charges and aggravating circumstances.
Ms Chidziva ruled that civil servants were entitled to be consulted before transfer and should have been granted a lengthy notice period if Government had consulted them.
She said in section 5c (iv) of the Ministry of Higher and Tertiary Education HIV and Aids at the workplace policy it was held that the need to "foster the family will, for example transfer of members should be planned well in advance to prevent prolonged separation of families".
The six-day countrywide strike in 2011 was meant to force Government to review college lecturers' salaries and working conditions.
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