Labour Law in Zimbabwe

Lovemore Madhuku

Description

This is a comprehensive textbook on Zimbabwean labour law. After detailing the history and purpose of the law, it offers a comprehensive review of contracts of employment, termination, the rights of organisation and association, and collective bargaining. Dispute settlement is discusses within the contexts of the right to strike, conciliation and arbitration, and the role of the courts in adjudication. State employment is treated separately, as it is governed by constitutional law as well as labour law. The book concludes with chapters covering aspects of social security in Zimbabwe, and a discussion on international labour law.

Sujets

• Law

Informations

• Publié par: Weaver Press
• Date de parution: 10 octobre 2015
• Nombre de lectures: 0
• EAN13: 9781779222862
• Langue: English
• Poids de l'ouvrage: 4 Mo

Extrait

LABOUR LAW IN ZIMBABWE

LABOUR LAW IN ZIMBABWE

Lovemore Madhuku

BL (Hons); LL.B (Z’bwe); LL.M., Ph.D. (Cantab) Professor of Law, Faculty of Law, University of Zimbabwe

Published by The Friedrich Ebert Stiftung, Harare. 2015 with Weaver Press, Box A1922, Avondale, Harare. 2015 <www.weaverpresszimbabwe.com>

© Friedrich Ebert Stiftung and Lovemore Madhuku, 2015

Typeset by Weaver Press

Printed by: Directory Publishers

All rights reserved. No part of the publication may be reproduced, stored in a retrieval system or transmitted in any form by any means – electronic, mechanical, photocopying, recording, or otherwise – without the express written permission of the publishers.

ISBN: 978-1-77922-273-2 (p/b) ISBN: 978-1-77922-274-9 (ePub)

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L m(b. 1966) has a Bachelor of Law (Honours) degree ovemore adhuku and an LL.B. from the University of Zimbabwe (UZ) and a Master of Law (LL.M) and Doctor of Philosophy (Ph.D) from the University of Cambridge. He completed his doctorate in December 1998. He has a permanent lecturership in the rank of full professor in the Law Fac- ulty at the University of Zimbabwe where he teaches introduction to law, constitutional law, labour law, jurisprudence (legal theory), tax law and banking law, and has published extensively in these areas. He is currently Chairperson of the Department of Public Law in the Law Fac- ulty. Between 1995 and 2013, he combined his full-time teaching at the University of Zimbabwe with work as a consultant for the Friedrich- Ebert-Stiftung (FES) on labour law and trade union issues. One of the founders of the National Constitutional Assembly, which advocated for a new, democratic and people-driven constitu- tion, Lovemore Madhuku was its chairperson from July 2001-2013. He is married to Annamercy and the family has îve children, two daughters, Tendai and Tapuwanashe and three sons, Nyasha, Kuzi- yakwashe and Tawanda.

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C ONTENTS

Acknowledgements Foreword Chapter 1: D , P S L L EFINITION URPOSE AND OURCES OF ABOUR AW

Chapter 2: H ISTORYOF L ABOUR L AW

Chapter 3: T HE C ONTRACTOF E MPLOYMENT : F ORMATIONAND O PERATION

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Chapter 4: C E : R O ONTRACT OF MPLOYMENT IGHTS AND BLIGATIONS  P 54 OF THE ARTIES Chapter 5: T E ERMINATION OF MPLOYMENT I . G ENERAL  87 Chapter 6: T E ERMINATION OF MPLOYMENT II . T ERMINATIONUNDERTHE M ODEL C ODE  113 Chapter 7: T E ERMINATION OF MPLOYMENT III . T ERMINATIONUNDER C ODESOF C ONDUCT  146 Chapter 8: T ERMINATIONOF E MPLOYMENT . R 195 IV ETRENCHMENT Chapter 9: T E ERMINATION OF MPLOYMENT V . R EMEDIESFOR U NLAWFUL T ERMINATION  231

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Chapter 10: F A R O REEDOM OF SSOCIATION AND THE IGHT TO RGANIZE Chapter 11: C B OLLECTIVE ARGAINING

Chapter 12: D S ISPUTE ETTLEMENT I . C ONCILIATIONAND A RBITRATION Chapter 13: D S ISPUTE ETTLEMENT . A L C II DJUDICATION IN THE ABOUR OURT ANDTHE S UPERIOR C OURT Chapter 14: D S ISPUTE ETTLEMENT . T R S III HE IGHT TO TRIKE

Chapter 15: S TATE E MPLOYMENT Chapter 16: S OME A SPECTSOF S OCIAL S ECURITY Chapter 17: I L L NTERNATIONAL ABOUR AW Appendices: ART 1: F UNDAMENTAL ( CORE ) ILO C ONVENTIONS P P ART 2: C ONVENTIONSRATIFIEDBY Z IMBABWE T C L HE ASE IST

Bibliography

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A CKNOWLEDGEMENTS

An Introduction to Zimbabwean Law (2010) was written from my lecture notes for my îrst year course at the University of Zimbabwe. Labour Law in Zimbabweemanates from two sources: lecture notes and my work with the trade union movement as a labour law consult- ant for the Friedrich-Ebert-Stiftung (FES) from 1995-2013. At FES, I became ade factolegal adviser for the Zimbabwe Congress of Trade Unions (ZCTU) and the experience gave me intimate knowledge of the labour law of Zimbabwe. Given the origins of this book, I would like to offer my special in- debtedness to the FES and the ZCTU for affording me an opportunity to develop my interest in labour law. In particular I should mention the four ZCTU leaders: the late Gibson Sibanda, Morgan Tsvangirai, Lovemore Matombo, Wellington Chibebe, and the director of the La- bour and Economic Development Research Institute of Zimbabwe, Godfrey Kanyenze. I thank FES for funding the publication of this book. I also thank all my former FES colleagues for their support. In the academic world, I owe a great deal to my law students and colleagues in the Faculty of Law. Among the latter, Joel Zowa de- serves a special tribute. He assisted me with virtually all the research materials required for this book. As the Deputy Chairperson of the Law Development Commission, he had easy access to the most recent law reports and I relied on this for my research. Munyaradzi Gwisai, having published his own textbook, gave me advice on the tone of a book of this nature. The following colleagues in the Law Faculty gave me much needed encouragement and support: Emmanuel Magade, Ellen Sithole, Justice Amy Tsanga, Geoff Feltoe and Julie Stewart. I also very much appreciate the personal support I received from the vice chancellor, Professor Levi Nyagura and his deputy, Professor Chipo Dyanda. The two have been able to separate my academic role

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