The law prohibits unfair labour practices by employers

Trust Maanda
Legal Position

THE Zimbabwean Labour Act [Chapter 28.01] sets a number of fair labour practices and standards.
Sections 6, 7, 8, 9 and 10 of the Labour Act (28:01) list unfair labour practices and standards.
What constitutes a fair labour standard and practice is found under international law.
A number of these fair labour standards and practices include the right to fair dismissal, right to maternity leave, right to vacation leave, right to fair conditions and terms of employment, right to organise and right to join trade union of choice etc.
An unfair labour practice is conduct by an employer or union that violates the rights of employees.
These unfair labour practices are listed in Section 8 of the Labour Act.
In terms of Section 8, unfair labour practices by employer; an employer or any other person, commits an unfair labour practice if, by act or omission, among other things, he or she prevents, hinders or obstructs any employee in the exercise of any right conferred upon him in terms of Part II of the Labour Act.
It is an unfair labour practice if; an employer refuses to negotiate in good faith with a workers’ committee or a trade union which has been duly formed, and which is authorised in terms of the Act to represent any of his or employees in relation to such negotiation, refuses to co-operate in good faith with an employment council on which the interests of any of his or her employees are represented; fails to comply with or to implement a collective bargaining agreement; or a decision or finding of an employment council on which any of his or her employees are represented.
An employer must not bargain collectively or otherwise deals with another trade union, where a registered trade union representing his employees exists.
Sexual harassment is an act of unfair labour practice or demand from any employee or prospective employee any sexual favour as a condition of the recruitment for employment; the creation, classification or abolition of jobs or posts; or the improvement of the remuneration or other conditions of employment of the employee.
It is sexual harassment if it is used for the choice of persons for jobs or posts, training, advancement, apprenticeships, transfer, promotion or retrenchment; or the provision of facilities related to or connected with employment; or any other matter related to employment.
Some prohibited conduct includes engaging in unwelcome sexually-determined behaviour towards any employee, whether verbal or otherwise, such as making physical contact or advances, sexually coloured remarks, or displaying pornographic materials in the workplace.
Section 6 of the Act provides that no employer shall pay any employee a wage which is lower than that to fair labour specified for such employee by law or by agreement.
No employer shall require any employee to work more than the maximum hours permitted by law or by agreement made under the Act for such employee; or an employer shall not fail to provide such conditions of employment as are specified by law or as may be specified by agreement made under this Act; or require any employee to work under any conditions or situations which are below those prescribed by law or by the conventional practice of the occupation for the protection of such employee’s health or safety; and shall not hinder, obstruct or prevent any employee from, or penalise him for, seeking access to any lawful proceedings that may be available to him to enable him lawfully to advance or protect his rights or interests as an employee.
In a nutshell, unfair labour practices that are forbidden include, discrimination, harassment, interference with union activities, refusal to bargain, unfair promotion or demotion.
Unfair demotions are where there is the making of decisions about promotions or demotions that are not based on merit or legitimate business reasons and unfair dismissal and other disciplinary actions not consistent with the established policies or procedures.
Unfair labour practice demoralises employees and affects their productivity. Affected employees can take the matter to relevant channels for redress.
Understanding the concept of unfair labour practices is crucial for both employees and employers to ensure a fair and respectful workplace.
The law provides remedies for unfair labour practice. While the employer can be implicated in acts of unfair labour practices, employees may also be guilty of unfair labour practices in terms of the Labour Act.
The aim is for both the employer and employees to have mutual respect. The trade union organisations are also forbidden from engaging in unfair labour practice. This is so that there is harmony at the workplace.
All the parties have recourse to the remedies that ser set out in the Act for redress where there is
unfair labour practice.
TRUST MAANDA is a legal practitioner and a partner at Maunga Maanda And Associates. He writes in his personal capacity. He can be contacted on +263772432646