adminfrom hiring him.
Mr Sitwell Gumbo was offered a job as a bank teller at Stanbic Bank’s Msasa branch in April last year, but the offer was withdrawn just before he started work when Portcullis Private Limited reported he had once been arrested for fraud.
The information, which he states was false resulted in him losing his job. Portcullis Private Limited operates a credit protection bureau – Financial Clearance Bureau – on behalf of the Zimbabwe Financial Clearing Association.
The credit bureau provides information to its registered members on credit-worthiness of persons or companies referred to it.
Mr Gumbo through his lawyers Nyamushaya, Kasuso and Rubaya has sued Portcullis at the High Court.
Justice Tedias Karwi heard the civil matter last week and reserved judgment. Advocate Lewis Uriri appeared for Portcullis on the instructions of Artherstone and Cook.
According to Mr Gumbo’s declaration, Stanbic asked for information about him just after offering him a job and Portcullis identified him as someone who had a dirty criminal record. He was identified as someone who was once arrested for fraud, the issue that he dismissed as false.
Acting on that information, Stanbic withdrew the employment offer and informed Mr Gumbo the reasons for that decision.
“The act by the defendant (Portcullis) of storing in its database and providing to Stanbic the information, was wrongfully, negligently maliciously done.
“The plaintiff has not been charged of any offence and accordingly not been convicted of any offence.
“He does not have any criminal record.
“By reason of defendant’s conduct, plaintiff’s good name, reputation and integrity was demeaned,” read the declaration.
“Plaintiff has lost an opportunity to be employed by Stanbic Bank in an eventful manner.
“He suffered damages in the sum of US$50 000,” the declaration added.
Opposing the lawsuit, Portcullis argues that it simply supplied the information in its database as requested by Stanbic.
Portcullis contends that it was obliged to supply that information as it appeared in its database.
“Upon request from any ZFCA member for information in respect of any named person or entity, it (defendant) is obliged and entitled to convey to such member all the information in its possession relating to the person identified in the request.
“It received a request for information from Stanbic Bank that is a member of ZFCA as to the creditworthiness of the plaintiff.
“In accordance with its legally contracted and binding obligation to the member, it (defendant) furnished the information in its database on a strictly confidential basis,” read the defendant’s plea.
Stanbic Bank offered Mr Gumbo a job on March 19 last year and he was supposed to start work on April 1 at the Msasa branch. Employment was withdrawn on the very day he started work.
Online Reporter