Lawyer takes Government to court over Labour law gaps

Fidelis Munyoro

Chief Court Reporter

HARARE lawyer Advocate Caleb Mucheche has approached the High Court, seeking a declaration that the Government’s failure to set limits on the renewal of fixed-term, casual, or seasonal employment contracts violates constitutional rights.

The application cites provisions of the Labour Act and the Constitution of Zimbabwe, accusing the Government of leaving workers vulnerable to exploitation.

Adv Mucheche argues that the Labour Act, amended in 2015, requires the Minister of Public Service, Labour and Social Welfare to specify how many times such contracts can be renewed before transitioning into permanent employment.

This obligation, according to Adv Mucheche, has gone unmet for a decade, leaving workers without legal protection.

“The failure to act has left workers legally exposed and without job security,” said Adv Mucheche, also a labour law expert.

“It is a violation of their right to fair labour practices as guaranteed under section 65 of the Constitution.”

The lawyer’s application highlights that while some employment councils have set their own limits for contract renewals, workers in sectors without such councils remain unprotected.

Adv Mucheche pointed to section 12(3a) (b) of the Labour Act, which mandates ministerial intervention in these scenarios.

He described the delay as a “legal gap” that denies workers equal benefit of the law.

The High Court application seeks a ruling compelling the minister to act within three months.

Adv Mucheche emphasised that addressing this issue was crucial to ensuring consistency, fairness and protection for employees across all sectors.

The minister is yet to respond to the application before the matter is set for hearing.

 

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