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Long queues have become the order of the day since the computerisation of some tollgates. In this picture, motorists wait their turn to pay at a tollgate along Harare-Mutoko road near the Shamva turn off yesterday

Crime Reporter
The Zimbabwe Revenue Authority Trade Union wants the Zimbabwe National Road Administration to take over as permanent staff the former Zimra toll gate operators with the toll gates, but last week the High Court ruled an urgent chamber application by the union was not urgent, clearing the way for Zinara to continue issuing three month probation contracts.

Zimbabwe Revenue Authority Trade Union (Zimratu) brought the application seeking a court order compelling Zinara to employ permanently all former Zimra workers who used to operate toll gates before Zinara took over toll collection this year.

In the urgent chamber application Zimratu wanted Zinara to employ the workers permanently by October 1 in compliance with an arbitration award issued by Professor Lovemore Madhuku.

Justice November Mtshiya dismissed the workers application, a development that gives Zinara the green light to employ the Zimra staff under its preferred procedure of first taking the workers on a three-month contract to assess them before employing them permanently.

Zimra was cited as the first respondent while Zinara as the second. The workers were employed on one-year fixed-term contracts which were renewable at Zimra’s discretion.
Justice Mtshiya ruled that the case was not urgent. The judge ruled that the workers have always been aware that their contracts with Zimra would be terminated on 30 September 2013.

It was the court’s finding that Zimratu was aware as at August 26 that  its membership would not be entitled to automatic permanent employment with Zinara.
“I am satisfied that as at 26 August 2013 the applicant was already aware that its members would not be entitled to automatic permanent employment with the second respondent.

“However, it went on to consent to the arbitral award, as worded, knowing fully well that instead of automatic permanent employment, its members would first be assessed . . .”

The court also questioned Zimratu’s legal standing in representing the workers when they were now working for Zinara.
Justice Mtshiya noted that there was nothing in the papers to indicate that the listed employees given their mandate to Zimratu to represent them.
Justice Mtshiya said Zimratu’s interest ceased to exist on September 30 when the employment of the affected workers with Zimra was terminated.

Zinara is now in total control of toll gates after it took over from the Zimbabwe Revenue Authority with effect from October 1, ending a four-year arrangement in which Zimra was getting 10 percent of the takings. The takeover means more money would now go into Zinara coffers after doing away with administration expenses to Zinara.
Zimra had been the sole toll gates revenue collector contracted by Zinara since August 2009 when toll gates were introduced. Zinara has also taken over Zimra staff who used to work at the toll-gates on a three-month contract, a period during which they would be assessed with a view of employing them permanently.