Union fights recognition in court

By NATION REPORTER THE National Road Sector Agencies and Allied Workers Union (NRSAAWU) has sued the State over the Labour Commissioner’s decision to terminate its recognition agreement with the Road Transport and Safety Agency (RTSA). In a statement of claim filed in the Lusaka High Court, NRSAAWU secretary general Musonda Chituntu has sued the Labour Commissioner and the Attorney General.

Mr Chituntu stated that union members were all RTSA employees under the recognition agreement between the two parties.

He said termination of the agreement resulted in RTSA issuing a memorandum instructing its finance department to stop remitting members’ monthly contributions to the union.

Mr. Chituntu claimed that on May 8, 2018, the union was served with a letter from the Labour Commissioner notifying NRSAAWU that its recognition agreement with RTSA had been terminated for among other reasons, violation of the Industrial and Labour Relations Act.

He claimed that the Labour Commissioner’s decision to terminate the recognition agreement was arrived at without according the union an opportunity to be heard and in the absence of any charge against the labour movement.

Mr Chituntu said failure by the Labour Commissioner to engage the union on the reasons for terminating the recognition agreement, without giving NRSAAWU an opportunity to be heard, was in bad faith, unreasonable and had no basis at law.

“In the circumstance, it is apparent that the Commissioner has acted irregularly and improperly and in excess of his powers without regard to the provisions of the Law and rules of natural justice by making a decision without following the correct procedure,” Mr Chituntu claimed.

The union wants the court to review the termination and quash it, and is seeking compensation from the State for loss suffered from the Labour Commissioner’s decision.

Mr. Chituntu also wants the court to grant the union leave to seek judicial review of the Labour Commissioner’s conduct and that the same should operate as a stay of execution until further order of the court.