The Industrial Relations Court (IRC) has refused to grant an order to 204 Department of Immigration and Citizenship Services employees to stop the Civil Service Commission from interviewing them for promotion.

The court learnt that the applicants, led by Geofrey Malikula, were employed in October 2012 and on May 9 2020 they applicants lodged a complaint to their authorities about delayed promotions after working for eight years.

Immigration officers on parade

On May 13 2020, the court learnt, the Department of Immigration and Citizenship Services promoted the applicants to the next ranks, but it transpired that the list of promoted constables included names of those recruited in 2018 were also promoted to the same rank of sergeant.

This discovery angered the 2012 cohort who had waited for the longest period.

On January 14 2022, according to the ruling, the applicants received letters from the Civil Service Commission inviting them for interviews for the same positions they were promoted to.

But the applicants found the respondents’ action to be contrary to fair Iabour principles and violation of their legitimate expectations.

Represented by private practice lawyer Noel Chalamanda, the claimants also demanded payment of wages and benefits from the time they were promoted.

But the Immigration and the Civil Service Commission, represented by Attorney General Thabo Chakaka Nyirenda, opposed the claim, arguing that the purported promotions did not follow established procedures and were illegal.

But Innocent Nebi, sitting as IRC deputy chairperson, said in his ruling he needed at this stage to desist from canvassing issues which would be tackled at trial. He observed the main issue at trial would be whether the applicants were already promoted or not. He said said granting the injunction as a relief would choke the commission and its operations. He said the court did not want to stand in the way of the commission when ultimately the issue would come before the same court.

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