An Overview of Section 5 of the Labour Act [Chapter 28:01]
In Zimbabwe, the Labour Act provides strong protections to ensure that all employees and job seekers are treated fairly and equally. Section 5 of the Act prohibits discrimination in the workplace and during the recruitment process. This ensures that everyone has a right to work and be treated equally regardless of their background or personal circumstances.
Here’s a simplified explanation of what this means:
🔹 What is Prohibited?
No employer or person involved in hiring or employment decisions may discriminate against an employee or a job applicant based on:
- Race or tribe
- Place of origin
- Political opinion
- Colour or creed (religious belief)
- Sex and gender
- Pregnancy
- HIV/AIDS status
- Disability (as defined in the Disabled Persons Act)
These protections apply in many areas of employment, including:
- Advertising job vacancies
- Hiring and selection
- Job classification or restructuring
- Pay, pensions, and benefits
- Promotions and training
- Transfers, retrenchments, and dismissals
- Access to workplace facilities
✅ Example:
It would be unlawful for an employer to refuse to hire a qualified woman because she is pregnant, or to deny a person with HIV access to training opportunities.
🔹 Equal Pay for Equal Work
The Act also requires equal pay for men and women doing the same work of equal value.
✅ Example:
A male and female accountant performing the same duties must receive equal salaries and benefits, regardless of gender.
🔹 Legal Consequences for Discrimination
Any person who discriminates in violation of the Act can be prosecuted and faces:
- A fine up to level 8, or
- Up to 2 years’ imprisonment, or
- Both.
🔹 Remedies Available to Victims
An employee or applicant who suffers discrimination can claim:
- Compensation (damages) for financial or emotional loss; and/or
- A court order to reverse the discrimination, such as an order to offer the job to the person who was unfairly excluded — even if the post has been filled.
✅ Example:
If someone is denied a promotion due to disability, the Labour Court can order that they be promoted and compensated.
🔹 What Counts as Discrimination?
Discrimination occurs when someone is treated less favourably (or more favourably) because of their identity or background. The law also says discrimination does not have to be intentional—even practices that result in unfair outcomes can be unlawful unless properly justified.
✅ Example:
A company requiring all job applicants to take a test that unintentionally disadvantages people from a particular tribe may be engaging in indirect discrimination.
🔹 Permissible Exceptions
There are a few situations where different treatment is allowed under the law:
- Gender or pregnancy-based distinctions if done to protect women (e.g., maternity leave).
- Political or religious organisations promoting their beliefs.
- Affirmative action policies to uplift historically disadvantaged groups.
- Support for people with disabilities.
- Job-specific requirements, where only certain people can perform the role.
✅ Example:
A Catholic school hiring only Catholics for religious studies teaching may be allowed.
Hiring only women for roles involving intimate care of female patients may be justifiable on grounds of propriety.
🔹 No Excuses Allowed
The Act makes it clear that certain common justifications are not acceptable as defences. These include:
- “We didn’t hire them, so no harm was done.”
- “They didn’t complain.”
- “We filled the position later.”
- “It was in the business interest.”
- “It was an old agreement.”
Even if the discrimination was not intentional or no longer ongoing, the employer can still be held accountable.
✅ Conclusion
Section 5 of the Labour Act is a powerful tool in the fight against discrimination at work in Zimbabwe. It ensures that employment opportunities and treatment in the workplace are based on merit, not prejudice. Employers must treat all individuals fairly and create an environment where diversity is respected and valued. Victims of discrimination have the right to seek justice, and the law offers strong protections and remedies to uphold their dignity.