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 discussed 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: 9781779222749
• Langue: English
• Poids de l'ouvrage: 1 Mo

Extrait

LABOUR LAW IN 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)
L OVEMORE M ADHUKU (b. 1966) has a Bachelor of Law (Honours) degree 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 Faculty 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 Faculty. 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 constitution, Lovemore Madhuku was its chairperson from July 2001-2013.
He is married to Annamercy and the family has five children, two daughters, Tendai and Tapuwanashe and three sons, Nyasha, Kuziyakwashe and Tawanda.
C ONTENTS
Acknowledgements
Foreword
Chapter 1:
D EFINITION , P URPOSE AND S OURCES OF L ABOUR L AW
Chapter 2:
H ISTORY OF L ABOUR L AW
Chapter 3:
T HE C ONTRACT OF E MPLOYMENT : F ORMATION ANDOPERATION
Chapter 4:
C ONTRACT OF E MPLOYMENT : R IGHTS AND O BLIGATIONS OF THE P ARTIES
Chapter 5:
T ERMINATION OF E MPLOYMENT
I. G ENERAL
Chapter 6:
T ERMINATION OF E MPLOYMENT
II. T ERMINATION UNDER THE M ODEL C ODE
Chapter 7:
T ERMINATION OF E MPLOYMENT
III. T ERMINATION UNDER C ODES OF C ONDUCT
Chapter 8:
T ERMINATION OF E MPLOYMENT
IV. R ETRENCHMENT
Chapter 9:
T ERMINATION OF E MPLOYMENT
V. R EMEDIES FOR U NLAWFUL T ERMINATION
Chapter 10:
F REEDOM OF A SSOCIATION AND THE R IGHT TO O RGANIZE
Chapter 11:
C OLLECTIVE B ARGAINING
Chapter 12:
D ISPUTE S ETTLEMENT
I. C ONCILIATION AND A RBITRATION
Chapter 13:
D ISPUTE S ETTLEMENT
II. A DJUDICATION IN THE L ABOUR C OURT AND THE S UPERIOR C OURT
Chapter 14:
D ISPUTE S ETTLEMENT
III. T HE R IGHT TO S TRIKE
Chapter 15:
S TATE E MPLOYMENT
Chapter 16:
S OME A SPECTS OF S OCIAL S ECURITY
Chapter 17:
I NTERNATIONAL L ABOUR L AW
Appendices:
P ART 1: F UNDAMENTAL (CORE ) ILO C ONVENTIONS
P ART 2: C ONVENTIONS RATIFIED BY Z IMBABWE
T HE C ASE L IST
Bibliography
A CKNOWLEDGEMENTS
An Introduction to Zimbabwean Law (2010) was written from my lecture notes for my first year course at the University of Zimbabwe. Labour Law in Zimbabwe emanates from two sources: lecture notes and my work with the trade union movement as a labour law consultant for the Friedrich-Ebert-Stiftung (FES) from 1995-2013. At FES, I became a de facto legal 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 indebtedness 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 Labour 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 deserves 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 from my political activism. Professor Arthur Mutambara and Wilson Nyemba (Dean of Engineering at the University of Zimbabwe) who are both personal friends and colleagues in academia, have been instrumental in encouraging me to complete this book. Tendai Biti, Alec Muchadehama, Andrew Makoni, Wilson Matamande, Sheila Kanyangarara, Dickson Mundia, Caleb Mucheche, Rodgers Matsikidze and Johnlife Mawire have had a great deal to do with my academic output and deserve my utmost appreciation.
Outside the academic world, I would like to record my appreciation to all my colleagues in politics particularly the NCA members. The fusion between academic work and politics has been made possible by the support I have received from them. Given the importance of them all, it would be irresponsible to identify any of my colleagues for special mention. However, I have to thank Madock Chivasa and Canfred Pambuka for co-ordinating our NCA work with a clear focus on striking the required balance between work and politics.
At the technical level, Abigail Mawonya, our secretary in the Department of Public Law, was solely responsible for converting my lecture notes and workshop presentations into typed chapters. She was an excellent anchor without whom it would have been difficult to put this book together.
I thank Weaver Press and its directors, Irene Staunton and Murray McCartney for an outstanding editing job and, above all, for their patience and tolerance. In addition, I thank Justice George Smith and Edley Mubaiwa for their meticulous proof-reading.
The last and most important appreciation is reserved for my family. My wife, Annamercy, and my own children (Tendai, Nyasha, Kuziyakwashe, Tawanda and Tapuwanashe) give me, in abundance, what I need most to be able to work: love, comfort and sense of purpose. To them, I must add Mai Tawanda. I give every word of appreciation to my parents: my father, Mangiza Lackson and my mother, Sophie. I must register my most sincere appreciation of the unconditional support I receive from my brothers and sisters and their children. My brothers and their wives and children are inseparable from me and I have put them on record as follows, with names of children in brackets: Christopher and Emma (Blessing, Tsisti, Denzel and Tawananyasha); Morgan and Cathrine (Zvifumiso, Namatwai, Asanta and Mazwi); Governor and Patricia (Tadiwanashe); John and Chipo (Malcom and Atipaishe); Collen and Angela (Zvikomborero and Nokutenda) Claris and Charity (Makanaka); Fortune and Dadirai (Kupakwashe) and Innocent and Perseverance (Charlene).
Lovemore Madhuku
April, 2015
F OREWORD
The Friedrich-Ebert-Stiftung (FES) is a German political foundation that was established in 1925 to promote civic and political education of workers. For 90 years its backbone has been the promotion of the ideas and values of social democracy across the world. It carries out its mission through its programmes of civic education, research, the strengthening of democratic institutions and support of programmes that promote social justice.
The FES has been engaged in Zimbabwe since 1980. Its main focus is to support democratization processes and promote public debate on social, economic and political issues.
The FES support for this publication emanates from its work with trade unions under the auspices of the Zimbabwe Congress of Trade Unions. Professor Lovemore Madhuku’s work with the FES for 18 years involved co-ordinating a paralegal training programme and facilitating the involvement of trade unions in social policy formulation, including labour law reform.
It is hoped that this book, together with its predecessor, An Introduction to Zimbabwean Law , will play a role in the development of labour law in Zimbabwe, particularly by encouraging a social justice thrust of labour law in the light of section 65 of the Constitution of Zimbabwe.
Brigitte Juchems
Resident Director,
Friedrich-Ebert-Stiftung,
Zimbabwe
April, 2015
CHAPTER ONE
D EFINITION , P URPOSE AND S OURCES OF L ABOUR L AW
What is labour law?
In a narrow perspective, labour law refers to the collection of legal rules which govern the employment relationship. In a broad sense, labour law covers not only the rules which govern the employment relationship but also embraces the rules regulating the existence and operation of all the institutions of the labour market, such as trade unions, employers’ organizations, the State in its dual capacity as employer and regulator and the labour dispute resolution entities.
The foll