Daniel Nemukuyu Senior Court Reporter
Thirteen workers, who were fired by the Zimbabwe Revenue Authority for allegedly possessing pornographic material, will be reinstated after the Labour Court found no merit in the authority’s appeal.The workers were fired for allegedly sending each other pornographic material using Zimra computers, which the authority deemed to be misconduct.

Zimra fired the 13 in 2011, but an arbitrator quashed the decision and ordered the reinstatement of the workers.

Arbitrator Mr George Nasho ruled that the allegations were concocted with an intention to victimise the employees who were members of the workers’ union.

Top labour lawyer Mr Rodgers Matsikidze of Matsikidze and Mucheche law firm represented the 13 workers, while Sinyoro and Partners acted for Zimra. Zimra noted an appeal out of time, but pleaded with the Labour Court to condone their delay.

Dismissing the application for condonation recently, Labour Court judge Justice Emilia Muchawa said the delay was caused by Zimra lawyers who should have a better appreciation of the rules of the court.

She also held that Zimra had no prospects of success on appeal.

“For a lawyer, who is supposed to be an expert on the law, to say their laxity in applying the law correctly is a genuine mistake, without pointing to a plausible reason for such a stance, is unacceptable,” said Justice Muchawa.

“I have already found that the delay is due to the applicant’s legal practitioners. I find too that the applicant cannot escape responsibility. I cannot fault the conclusions reached (by the arbitrator) as being grossly unreasonable so as to constitute a question of law.

“Consequently, I find that the applicant does not have any chances of success on appeal. Accordingly, the application for condonation of the late noting of an appeal be and is hereby dismissed with costs on an ordinary scale.”

Mr Nasho held that allegations against Zimra Commissioner General Gershem Pasi that he once threatened the workers committee members in question with unspecified action gave credibility to the 13’s defence that the allegations were calculated to “fix” them.

It was Mr Nasho’s finding that Mr Pasi or Zimra did not challenge the allegation and that the framing of the charges against the workers confirmed that indeed Mr Pasi was living up to his word.

The workers argued that Zimra’s information department planted the emails with the pornographic material and that they had never sent each other such material.

 

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