Category: Labour Amendment Bill 2021

Maternity Leave Maternity leave provisions in the current Labour Act provide for a qualifying service before one can be entitled to maternity leave. The constitutionality of these provisions has been attacked in various forums. The legislature wishes to do away with the controversy and has decided to remove the qualifying service. This means every female...

Introduction The Labour Act in its current form does not regulate labour broking. The legislature must have realised that labour broking is a reality in the economy and hence the need for its regulation. Labour broking involves three parties, there is the labour broker, who provides labour to a client and the labour. The labour...

Introduction Sexual harassment and violence in whatever form cannot be tolerated in a civilised society. The world over, courts are intolerant of perpetrators of violence in the workplace. UASA obo Zulu v Transnet Pipelines[1] is an infamous South African case of a male employee who used to call a fellow female employee his wife and...

Introduction The legislature seeks to amend the whole of section 12C of the Act which provides for the retrenchment and compensation for loss of employment. A review of the provisions shows sweeping changes to the law on retrenchment in Zimbabwe. In summary, we note that the Bill is introducing a dispute resolution mechanism regarding non-payments...

Introduction The Labour Amendment Bill is proposing changes to the powers of labour officers in resolving disputes and complaints of unfair labour practices. The 2015 amendments to the Labour Act brought about a system where all disputes before labour officers would go through conciliation whereupon if parties do not agree the Labour Officer would proceed...

Introduction If you have been following the recent Supreme Court judgements that ruled on the jurisdiction of Labour Officers regarding completed disciplinary hearings, you would have anticipated some changes that would deal with this area of our labour law. For those who may not be aware, around three separate judgements issued by the Supreme Court...

Unlawful collective job action comes with consequences. The consequences range from dismissal, payment of damages, criminal prosecution which may lead to the payment of a fine and or imprisonment. The law in its current form provides that those found to have contravened lawful collective job action requirements “shall be guilty of an offence and liable...

Introduction The legislature saw the need to come up with a raft of changes to the collective bargaining landscape in Zimbabwe. Collective Labour Law is the law that’s created as a result of an agreement between employers and employees either at the company level or at the industry level. This is an area that has,...