Zimra loses porn case . . . Revenue authority to pay fired workers $400 000

Daniel Nemukuyu Senior Court Reporter
TWELVE workers who were unlawfully fired by the Zimbabwe Revenue Authority for allegedly possessing pornographic material will now get their outstanding salaries and benefits to the tune of $414 362 after the High Court registered their two arbitral awards.

In a judgment availed on Wednesday, Justice Joseph Mafusire ruled that the workers were entitled to their benefits.

“The arbitral awards dated June 4 2013 and 28 February 2014 by George Nasho and a P. Mutsinze, respectively be and are hereby registered as orders of this court.

“In terms of those awards, the respondent (Zimra) shall pay the applicants the sum of four hundred and fourteen thousand three hundred and sixty-two dollars and fifty two cents ($141 362,52).

“The costs of this application shall be borne by the respondent,” Justice Mafusire ruled.

The workers were fired for allegedly sending each other pornographic material using Zimra computers, which the authority deemed to be miscon- duct.

Zimra fired the 12 in 2011, but an arbitrator quashed the decision and ordered the reinstatement of the workers.

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

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 an appeal.

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

The second arbitral award quantified the benefits and outstanding salaries for the 12 as $414 362.

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