Crimes and Courts Correspondent
In a landmark ruling, the Labour Court in Zimbabwe has reinstated 23 National Railways of Zimbabwe (NRZ) employees who were dismissed after participating in a wage strike.
The employees, led by Lovemore Kamuka, had appealed against their termination, citing extreme financial hardships due to 15 months of unpaid wages.
The court, led by Justice G. Musariri, found that the workers’ absence from duty was justified, given the circumstances.
“The principle of reciprocity was breached by NRZ, as they expected employees to work without paying their wages,” the court ruled.
The employees, represented by lawyer Munyaradzi Gwisai, argued that the prolonged non-payment of salaries violated their rights under the Constitution and Labour Act. They stated that they were left without basic necessities like food and transportation, making their absence from work justified under the “no pay, no work” principle.
NRZ, represented by attorney Alec Muchadehama, had countered that the employees’ absence was unjustified and breached the employment code. However, the court disagreed, ruling that the dismissals were unlawful and ordering NRZ to reinstate the workers or compensate them for lost wages and benefits.
The court’s decision is a significant victory for the employees, who had faced extreme financial difficulties due to the non-payment of their wages. The ruling sets a precedent for future labour disputes and emphasizes the importance of fair labour practices in Zimbabwe.
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