ConCourt saves the day

Norman Muchemwa
ZIMBABWE marks International Workers’ Day 2018 barely a month after a landmark court ruling compelled employers, who fired employees on three-month notices, to compensate them for all years served.

The Constitutional Court ruling gave employers 60 days within which to abide by the order.

In July 2015, public and private sector companies dismissed thousands of workers on three-month notices following the Zuva Petroleum judgment.

The judgment gave employers room to lay off employees on three months’ notice.

Recently, Chief Justice Malaba — sitting with eight other judges — ruled that employers must compensate workers fired in terms of Section 12C of the Labour Act, which outlines the retrenchment procedure.

He said retrospective application of the law was meant to achieve fairness and justice, considering that workers who had served for years were now living miserable and difficult lives.

Labour law expert Ms Rutendo Mudarikwa last week said Zimbabwe labour laws were now in sync with international standards.

“We have a comprehensive labour law regulation system in Zimbabwe that is in line with international best practices,” she said. For starters, our system is pro-employees in that it provides a broad definition of ‘work’ to ensure the protection of employees in the periphery and informal economy like domestic workers and part-time workers.

“The country has shown its dedication in protecting employees by providing justiciable labour rights in the Constitution. This gives workers the right to approach the highest court of the land in the event their rights are infringed.”

Ms Mudarikwa went on: “Nevertheless, no system is perfect and there are some areas that need fine-tuning and constitutional alignment.

“These include the provisions regulating maternity, termination or employment contracts, collective bargaining and specifically the classification of essential services among other issues.”

Law Society of Zimbabwe president Mr Misheck Hogwe said workers should celebrate the Constitutional Court judgment.

“The current legislation as interpreted by our courts seeks to strike a delicate balance between the interests of the vulnerable workers and the interests of business. It is refreshing that the law still protects employees against arbitrary terminations.”