Chronicle Editor
Davies Ndumiso Sibanda, Labour Matters
A long-standing argument over whether Workers Committee and Trade Union duties are voluntary or part of work has resulted in many conflicts between employers and workers and at times soiling relationships.
The starting point is to look at the Constitution of Zimbabwe in Section 65 where workers are allowed to join unions and participate in their activities.
While the Constitution is silent on whether this has to be done during working hours or after hours, common sense tells us the unions will interface with the employer during working hours.
How workers will be released to attend to such engagements calls for reasonableness on the part of the employer.
Section 7(2) of the Labour Act Chapter 28:01 reads “Every employer shall permit a labour officer or a representative of the appropriate trade union, if any, to have reasonable access to his employees at their place of work during working hours for the purpose of —
λadvising the employees on the law relating to their employment; and
λadvising and assisting the employees in regard to the formation or conducting of workers committees and trade unions; and
λensuring that the rights and interests of the employees are protected and advanced;
and shall provide such labour officer or representative of the appropriate trade union, if any, with reasonable facilities and access for the exercise of such functions”.
The given provisions of section 7 clearly put the rights of the union to be exercised during working hours and it must be noted that some trade union officials might be internal employees.
The dispute that can arise is, what is meant by “reasonable access” an argument that can be settled by courts where parties do not agree. However, employers need to know that all access to employees will be disruptive to work but that has to be managed to minimum levels.
Section 7(1) reads “No person shall—
(a) hinder, obstruct or prevent any employee from forming or conducting any workers committee for the purpose of airing any grievance, negotiating any matter or advancing or protecting the rights or interests of employees;
(b) threaten any employee with any reprisal for any lawful action taken by him in advancing or protecting his rights or interests.
This is a very tricky clause legally as it allows for Workers Committee activities to take place at work. Grievances aired during working hours and negotiations are conducted at department level or organisation wide during working hours.
All this makes only the election or appointment of a Workers Committee voluntary and the rest of the activities are set down in our statues going beyond voluntary work to being part of the machinery to manage labour relations.
The matter Chidembo vs Bindura Nickel CorporationSC35/15, the Supreme Court placed the Workers Committee members within the reach of the employer’s disciplinary machinery for misconduct related to their duties as Workers Committee members. The court said, “The status of being a Workers Committee member does not clothe them with a cloak of immunity against misconduct charges”. In my opinion, this makes Workers Committee work part of an employee’s duties and while doing those duties the worker has to submit to the employer’s the control as set out in the matter Kandoma vs Black Cosmetics (Pvt) LTD SC115/2004.
If the role of a Workers Committee or Trade Union was entirely voluntary, then the worker representative would be free to refuse to attend employee hearings, Works Councils or negotiations or to represent workers on some issues. If that happened, workplaces will be ungovernable.
In conclusion, to ensure best practice in management of workers’ leaders, employers must have employee relations policies and Works Council Constitutions. Further, organisation must have trained workers to manage labour relations and have all CEOs and HoDs trained as well.
λDavies Ndumiso Sibanda can be contacted on email: [email protected]
Blessing Chizhande
Online Reporter