Former workers challenge Zimplats over denied access to hearing records

Two former employees of Zimplats have approached the High Court seeking an order compelling the mining company to release records of disciplinary proceedings that led to their dismissal, arguing the company’s refusal has blocked them from appealing to the Labour Court.

In an application filed at the High Court in Harare on May 5, Phanuel Mpala and Artwell Musariri said they were dismissed following disciplinary proceedings conducted in December 2025 and had repeatedly failed to obtain the records and minutes needed to pursue appeals.

The applicants, represented by Learnmore Kupfinya of TK Takaindisa Law Chambers, argued that the refusal to release the documents had “directly affected applicants’ right to appeal to the Labour Court within 21 days of the disciplinary proceedings at the company.”

In his founding affidavit, Mpala said he had worked for the mining company for 15 years and had never previously faced disciplinary action. He told the court that fraud allegations were raised against him in December 2025, leading to disciplinary proceedings and his dismissal.

Mpala further submitted that after challenging the initial ruling before an appeals board, he discovered that the appeal panel was made up of the same members who presided over the original disciplinary hearing.

“Dissatisfied by the Respondent’s first Disciplinary Committee I appealed to the appeals board but the same was set by the same members who presided over my case in the initial disciplinary proceedings,” Mpala stated in his affidavit.

He added that he later requested records of the proceedings to enable him to challenge the outcome before the Labour Court, but said both the disciplinary committee and the human resources manager declined to provide them.

“I made several efforts so that I could take the record of proceedings (minutes) but respondent refused to give me up to date and my right to appeal within 21 days to the Labour Court has been frustrated,” Mpala submitted.

Musariri, who said he had been employed by the company for four years and six months, also told the court he was dismissed after being found guilty during disciplinary proceedings in December 2025.

In his affidavit, Musariri alleged that he immediately requested the proceedings record to prepare an appeal but was denied access.

“I immediately requested for the record of proceeding for me to appeal and the respondent refused to give me. Respondent advised its security not to allow us to enter the company premises for me to take the minutes,” Musariri said.

The applicants are seeking a court order compelling the company to release the disciplinary records and minutes. In a draft order attached to the application, they also asked the court to order the respondent to pay costs of suit “on a higher scale.”