This article is based on Chapter 1 of the latest book “A PRACTICAL STEP-BY-STEP GUIDE TO RETRENCHMENT LAW IN ZIMBABWE” which is available in hard copy.
One potential question that may arise in the retrenchment procedure is whether disputes related to retrenchment can be resolved through collective job action. While retrenchment may result in difficulties, an examination of the Act reveals that such disputes cannot give rise to collective job action, such as a strike. This is because the retrenchment provisions outline a structured dispute resolution mechanism that allows any aggrieved party to seek redress.
Statutory Instrument 191 of 2024 establishes the Retrenchment Board, a statutory body responsible for handling retrenchment disputes. The provisions clearly define the rights of both employees and employers, reinforcing that retrenchment disputes fall under disputes of rights.
In Zimbabwe, disputes of rights do not justify collective job action. Any employee who engages in a strike over a retrenchment dispute, or any employer who enforces a lockout in response, commits an unfair labour practice. Furthermore, under Act 11 of 2023, unlawful collective job action now carries severe penalties, potentially leading to criminal sanctions for both employers and employees.
For the sake of completeness, it is important for one to acknowledge the exceptions outlined in Section 104(4) of the Act, which legally permit employees to engage in collective job action even in cases where a dispute of right is anticipated. For instance, if an employer seeks to retrench the entire workers’ committee or union representatives without valid justification, the law recognizes the employees’ right to initiate collective job action in response. However, while this provision exists, employees must refrain from misusing it for personal or self-serving purposes. Section 12C provides complete remedies for anyone aggrieved with a retrenchment exercise. Care and due diligence must thus be taken by those contemplating a collective job action over a retrenchment dispute.