The ZCTU’s application came at a time when employers had
served notices to their workers that they would not be allowed into company
premises unless they produced valid vaccination certificates.
But High Court judge Justice Emilia Muchawa yesterday ruled
that the matter was not urgent and “cannot jump the queue”.
The judge said the ZCTU application was based on
assumptions, rendering it non-urgent.
She said ZCTU did not act swiftly when company notices were
issued.
“The certificate of urgency on record is silent on the
delay in acting from around July 22 when all but one of the respondents issued
their staff notices. It does not mention any dates relating to when the cause
of action was complete and the need to act, therefore, arose,” the judge said.
“The applicant alleged in the certificate of urgency that
the respondents were conducting themselves as alleged, with a view to
terminating the unvaccinated employees contracts unlawfully. This irreparable
prejudice is merely speculative as nothing was alleged about what happened to
employees after the deadlines came and passed before the lodging of the
application,” she added.
The explanation for the delay should have appeared in the
certificate of urgency and the founding affidavit.
“It did not. There is no evidence of the applicant having
treated the matter urgently.”
ZCTU last month filed an urgent chamber application at the
High Court seeking an order stopping employers from barring their unvaccinated
employees from reporting for duty at the company premises.
The labour body also accused the government of “folding
hands” while employees were being forced to take COVID-19 vaccines, arguing
that the constitutional rights infringed were fundamental and the harm was
irreparable.
Labour minister, Attorney-General, Zimnat Insurance
Company, Zimbabwe National Road Administration, TelOne, Windmill, Seed Co
Zimbabwe and Manicaland State University were cited as respondents. Newsday
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