Thomas Meikle centre (PVT) LTD v TM National Workers Committee & ors 2002 (2) ZLR 502 (H)

Mr Biti for the appellant —employment collective bargaining agreement . The appellant company unilaterally decided to award a wage increase of 3% above the rate provided for in the collective bargaining agreement for the industry. It refused to negotiate with the employees about the increase. they appealed to a labour relations office, alleging an unfair labour practice. the office ordered that negotiations should be entered into.

There existed with the appellant a council called the TM National Work Council. The council consisted to representatives of management and workers. In terms of its constitution, it was competent to discuss and make recommendation on general working conditions excluding matters covered by the collective bargaining agreements of the industry. The appellant argued that the parties were bound by the constitution of the council, and that the parties had contractually agreed that they would not enter into negotiation about worked wages. There was thus no obligation to negotiate about the increase.

held, that there was nothing in the constitution which made the council the only negotiation forum between the parties. The parties were not in any case themeless members of the council. there was no legal impediment to the parties negotiating about the wages.

Held further that s 74(6) of the Labour Relations Act [Chapter 28:01] which allows an employer and his employees to agree to conditions more favourable that those provided for in a collective bargaining agreed requires an agreement rather than a situation where the employer unilaterally awards higher wages.