By Staff Reporter 

The Labour Court has dismissed an appeal by Modus Media (Pvt) Ltd, publisher of the Financial Gazette, and Associated Newspapers of Zimbabwe (Pvt) Ltd, publisher of the Daily News, which sought to exempt them from paying gazetted minimum wages in the printing, packaging and newspaper industry.

In a ruling, Justice Evidence Gonesi ruled that the appellants’ appeal lacked merit and upheld an earlier decision by the National Employment Council (NEC) for the Printing, Packaging and Newspaper Industry which dismissed the exemption request.

Their initial applications were unsuccessful. However, the NEC Appeals Committee later found that both organisations had failed to comply with the terms of that exemption granted in November 2024 and only communicated their financial incapacity several months later in May 2025 while seeking further relief.

The companies submitted that the committee had not considered evidence showing their dire financial position and operational constraints. They also challenged the committee’s findings that their works council had been improperly constituted and that their exemption application contained procedural defects.

In defence, the NEC, opposed the appeal, arguing that the companies had approached the court with “dirty hands” because they had failed to comply with the earlier exemption order granted in 2024.  It also further argued that the appeal did not present compelling reasons or changed circumstances to justify a reconsideration of the exemption.

In his ruling, Justice Gonesi said several of the grounds of appeal were unclear, verbose and failed to identify specific errors by the Appeals Committee.

The court also found that the committee was justified in concluding that the appellants lacked good faith after failing to comply with the previous exemption terms.

“In relation to the 3rd ground of appeal, the committee correctly found that the appellants were approaching the committee with dirty hands. The dirty hands principle is a principle that people are not allowed to come to court seeking the court’s assistance if they are guilty of a lack of probity or honesty in respect of the circumstances which cause them to seek relief from the court. The dirty hands doctrine is a principle that a court will not come to the aid of one who is in defiance of the law. It is a principle that one who wants the help of the courts of law must first comply with the law before the court grants him or her audience,” the judge noted.

The judge further held that the findings by the NEC Appeals Committee were neither irrational nor unreasonable to warrant interference by the court.

“The grounds of appeal being without merit be and are hereby dismissed,” the court ruled.