Unfair Labour Practices by Employers in Zimbabwe

Explained in terms of Section 8 of the Labour Act [Chapter 28:01]

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The Zimbabwe Labour Act sets out clear rules to ensure that employees are treated fairly and with dignity at work. Section 8 of the Act defines specific actions that constitute unfair labour practices by an employer. These are unlawful and punishable under the law, whether done deliberately or through neglect.

Below is a simplified breakdown of what unfair labour practices are and examples to help understand how they apply in real situations.

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🔹 What is an Unfair Labour Practice?

An unfair labour practice is any action or failure to act by an employer that violates the rights of employees as protected by the Labour Act—especially those in Part II (such as rights to join unions, fair wages, safety, and non-discrimination).

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🔹 Types of Unfair Labour Practices by Employers

According to Section 8, an employer commits an unfair labour practice if they:

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1. Obstruct Employee Rights (s.8(a))

• Prevent, hinder, or obstruct employees from exercising any of their legal workplace rights.

✅ Example: Blocking workers from forming a workers committee or stopping them from joining a trade union.

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2. Violate Employee Rights in Law (s.8(b))

• Breach any provisions of Part II of the Act or section 18 (which relates to employment codes).

✅ Example: Ignoring the requirement to provide maternity leave or equal pay.

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3. Refuse to Bargain in Good Faith (s.8(c))

• Refuse to negotiate honestly and fairly with a recognised trade union or workers committee.

✅ Example: An employer ignores repeated requests by a workers committee to negotiate wages.

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4. Fail to Co-operate with Employment Councils (s.8(d))

• Refuse to work cooperatively with employment councils that represent employee interests.

✅ Example: Not attending mandatory meetings or refusing to implement council decisions.

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5. Ignore Agreements or Legal Decisions (s.8(e))

Fail to implement or comply with:

• Collective bargaining agreements;
• Employment council decisions;
• Legal rulings under Part XII (dispute resolution);
• Any lawful directive or determination binding on the employer.

✅ Example: Not applying agreed salary increases from a signed bargaining agreement.

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6. Undermine Recognised Trade Unions (s.8(f))

• Try to bypass or replace a recognised trade union by bargaining with another union.

✅ Example: Negotiating with a newly formed, unregistered union instead of the recognised union representing employees.

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7. Demand Sexual Favours (s.8(g))

• Ask employees or job seekers for sexual favours in exchange for:
  • Employment;
  • Promotions;
  • Better pay or working conditions;
  • Transfers or training;
  • Any other employment-related benefit.

❌ Example: A manager asking for a date or sexual favour in exchange for offering a job interview or salary raise.

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8. Sexual Harassment (s.8(h))

• Engage in unwelcome sexually motivated behaviour, including:
  • Inappropriate comments;
  • Physical advances;
  • Sharing or displaying pornographic material in the workplace.

❌ Example: Sending explicit jokes, touching an employee without consent, or displaying offensive posters.

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9. Violence and Harassment (s.8(i))

• Commit or allow violence, bullying, or harassment, as prohibited under section 6(3), (4), and (5). This includes:
  • Verbal abuse;
  • Cyberbullying;
  • Threats in the workplace or during work-related travel or communications.

❌ Example: Shouting insults at a worker, threatening dismissal without cause, or harassing them on WhatsApp.

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⚖️ Legal Consequences for Employers

If an employer commits any of these unfair labour practices, they can:

• Be prosecuted and fined;
• Face imprisonment for serious offences such as harassment or violence;
• Be ordered to compensate the employee;
• Be directed to correct the wrong, for example by reinstating a worker or implementing a collective agreement.

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✅ Conclusion

Section 8 of the Labour Act is designed to protect workers from abuse and ensure fairness in the workplace. Employers must respect employees’ rights to representation, safety, equality, and dignity. Any conduct that undermines these rights is unlawful and can result in serious consequences.

Fairness is not optional in the workplace—it is the law.