“Firstly, there are two definitions of ‘disciplinary committee’ in the definitions section of the Code. There is one that I will refer to as a “stand alone” definition, and the other that is subsumed under the definition of ‘disciplinary authority.’ This means that a disciplinary committee as so subsumed, is one of the ‘bodies’ that...
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ZIMPLATS v Ronald Godide (SC 2 – 2016)
“I agree with the submissions by Mr Mpofu that the right to dismiss is available at common law and that such right is entrenched. The employer at its election may decide to impose a lesser penalty than dismissal. Such is the exercise of discretion”. Introduction ZIMPLATS v Ronald Godide (SC 2 – 2016) deals with...
Parties to an Employment Contract
Labour law is about an employer and an employee. These are essentially the main parties to an employment relationship. This whole book explores the relationship between these parties to the employment relationship. It assesses the various laws behind the relationship. Noteworthy, it is not easy to define whether one is an employee or something else....
Distinguishing between an independent contractor and a labour broking arrangement.
In this section, we discuss the fundamental differences between an independent contractor and an employee in a labour broking arrangement. The two concepts can be unclear. Without distinguishing between the two arrangements, it may be difficult for an employer to choose between the two arrangements. An employee may also not fully understand the legal repercussions...
Unfair labour practices and the protection of employees
The protection of employees against unfair labour practices and standards is enshrined in the Constitution of Zimbabwe.[1] The Labour Act expands on the concept of unfair labour practices. It details instances where an employer, workers committee and the trade union may commit such unfair labour practices against employees. At this point, it is critical to...
Fair Dismissals!
Several authors have written about unfair dismissals and the consequences thereof. Our Labour Act also clearly outlines circumstances where one is deemed to be unfairly dismissed. As an example, if one is on a fixed-term contract that is terminated and replaced by another employee, automatically unfair dismissal would have occurred. This is just one example....
Towards Quantifying Damages for Sexual Harassment in Zimbabwe
Rita M Mbatha v Farai B Zizhou & Another HH 675 – 21. Introduction Sexual harassment in the workplace has no place in any modern-day society. There is continuous recognition in our jurisdiction that this barbaric disease has to be nipped from the bud. As we write this article, we know that the legislature is...
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 within the authority of Designated Agents. The proposed bill shows a legislature that intends on...
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 contract and replace the employee. This would then constitute an unfair dismissal. Our perusal of...
Deduction from Wages/Salaries Upon Failure by an Employee to Serve a Notice Period
1. Introduction 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 employee’s terminal benefits. Indeed, some contracts of employment and...