National Engineering Workers Union v Dube (SC 1 – 2016)

What is likely to catch one’s eye is the way the Court distinguished between a disciplinary committee and a disciplinary authority. There is therefore no restriction as to who can form an authority, the size, and the composition. All is … Read the rest

What is likely to catch one’s eye is the way the Court distinguished between a disciplinary committee and a disciplinary authority. There is therefore no restriction as to who can form an authority, the size, and the composition. All is left at the discretion of the employer.

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ZIMPLATS v Ronald Godide (SC 2 – 2016)

ZIMPLATS v Ronald Godide (SC 2 – 2016) deals with the discretion of an employer to dismiss an employee upon taking a serious view of the offence committed. It also explains why an employer is entitled to look at the … Read the rest

ZIMPLATS v Ronald Godide (SC 2 – 2016) deals with the discretion of an employer to dismiss an employee upon taking a serious view of the offence committed. It also explains why an employer is entitled to look at the previous disciplinary record of the employee.

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Parties to an Employment Contract

Not only should an employee be available for work. He or she should work competently. The employee should have the capacity to render the services competently. It is an offence in almost every code of conduct and indeed in terms … Read the rest

Not only should an employee be available for work. He or she should work competently. The employee should have the capacity to render the services competently. It is an offence in almost every code of conduct and indeed in terms of the national code of conduct to mislead an employer that one holds a certain skill when such exist in an employee’s skills set. It is a dismissible offence for an employee to be incompetent.

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Distinguishing between an independent contractor and a labour broking arrangement.

The position in South Africa is such that if a person is employed for a period of more than three months, they become an employee for the client if they earn below a set threshold. David Victor and 200 Others … Read the rest

The position in South Africa is such that if a person is employed for a period of more than three months, they become an employee for the client if they earn below a set threshold. David Victor and 200 Others v CHEP South Africa (Pty) Ltd shows the test that has been applied by the Labour Appeal Court in South Africa to determine if a labour broking arrangement is in place. In essence, it is the substance of the arrangement rather than the form that is more instructive.

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Unfair labour practices and the protection of employees

It is indeed the position in Zimbabwean labour law that unfair labour practises are only those actions listed under 8, 9 and 10 of the Labour Act (Chapter 28.01). Constitutional protection against unfair labour practices is only provided under those … Read the rest

It is indeed the position in Zimbabwean labour law that unfair labour practises are only those actions listed under 8, 9 and 10 of the Labour Act (Chapter 28.01). Constitutional protection against unfair labour practices is only provided under those listed circumstances. This is different from the South African jurisdiction where beyond persons legally recognised as employees, constitutional protection against unfair labour practices has been provided to everyone including illegal workers. We look forward to a broader interpretation of this concept to allow everyone the privilege of enjoying this right in the manner it is implemented in other jurisdictions.

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Fair Dismissals!

What is often ignored are the circumstances where dismissal is fair! Fairness as a legal principle is not as simple as the lay person may presume. It is explained from the substantive law and the procedural law perspectives. In this … Read the rest

What is often ignored are the circumstances where dismissal is fair! Fairness as a legal principle is not as simple as the lay person may presume. It is explained from the substantive law and the procedural law perspectives. In this section, we commence by defining the two types of fairness that are recognised in our law, substantive fairness, and procedural fairness. We will then proceed to outline examples from our case law in which fair dismissals were documented. We examine the most common types of offences found in various codes of conduct in Zimbabwe.

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Labour Amendment Bill: Designated Agents of Employment Councils

Designated agents (DAs) of Employment Councils play a key role in the resolution of disputes and unfair labour practices in the industries they belong. The Labour Act in its current form excludes Labour Officers from dealing with disputes that are … Read the rest...

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Labour Amendment Bill: Fixed Term Contracts

Introduction A fixed-term contract of employment is a contract that has a start date and an end date. There was not much regulation to this type of contract. The major restriction has been that an employer cannot terminate a fixed-term … Read the rest...

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Deduction from Wages/Salaries Upon Failure by an Employee to Serve a Notice Period

One recurring situation in labour relations is where an employee resigns and decides to leave employment without honouring or giving the employer the requisite notice. Without the consent of the employee in question, some employers simply proceed to deduct the … Read the rest

One recurring situation in labour relations is where an employee resigns and decides to leave employment without honouring or giving the employer the requisite notice. Without the consent of the employee in question, some employers simply proceed to deduct the notice from such an employees terminal benefits. Indeed, some contracts of employment and Collective Bargaining Agreements empower the employer to make such deductions if the employee decides to leave without serving the employer the obligatory notice. In this section, we explore, the legality of such deductions. We also give an overview of how this area of law is handled in other countries. Lastly, we look at the remedies available to an employer faced with such a predicament.

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