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The Supreme Court ruling, handed down last week, clarified the limits of corporate rescue protections under the Insolvency Act. Justice Antonia Guvava, delivering the judgment, held that Zimra’s refusal to issue the certificate did not constitute an enforcement action.
Daniel Nemukuyu Senior Court Reporter—
Employers are not obliged to pay their workers housing, school fees and other allowances unless there is a collective bargaining agreement signed by the parties to that effect, the Supreme Court has ruled. Justice Vernanda Ziyambi, sitting with Justices Elizabeth Gwaunza and Antonia Guvava, unanimously ruled that it was not the courts’ business to impose conditions not agreed on the parties on the employers.
The judgment came at a time the High Court had ruled that employers were not compelled to subscribe to National Employment Councils nor to be bound by decision of the NECs where they are not members.
Details to follow…
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