At the end of oral argument, on 13 February 2019, I upheld the special plea and dismissed the plaintiff's claim with costs. The background facts are as follows:The plaintiff is a male Zimbabwean adult: so is the first defendant, the Executive President of the Republic of Zimbabwe until sometime in ...
At the end of oral argument, on 13 February 2019, I upheld the special plea and dismissed the plaintiff's claim with costs. The background facts are as follows:
The plaintiff is a male Zimbabwean adult: so is the first defendant, the Executive President of the Republic of Zimbabwe until sometime in November 2017. The second defendant is the latter's spouse. The third defendant is a company duly incorporated in terms of the laws of Zimbabwe.
According to the plaintiff, the third defendant is the first and second defendants' investment vehicle.
On or about 1st January 2007, the plaintiff entered into an oral employment contract with the first and second defendants. In terms thereof, the plaintiff was employed by the two as their General Manager. Such employment was under the third defendant, the investment vehicle aforesaid. The material terms of the employment contract were these:
The contract, which was without limit of time, entailed the plaintiff performing, for the third defendant, all such acts as are customarily carried out by a person in the position of a General Manager. Further, the plaintiff was also required to, and did, undertake all such work as the first and second defendants would require of him - including that which had nothing to do with farming operations.
On 6 October 2015, and in breach of the terms of the employment contract, the first and second defendants, by dint of illegitimate influence, force, and might required the plaintiff to relinquish his position.
However, he was ordered to continue working, for no salary, until 6 November 2015....,.
Compelling someone to work without being employed, and without therefore being entitled to any remuneration, is forced labour. Forced labour is defined in the interpretation section of the Labour Act to mean:
“any work or services which a person is required to perform against his or her will under the threat of some form of punishment.”
When a person is ordered to continue working for no remuneration, after the enforced termination of an employment contract, that, to me, is forced labour. It certainly is not voluntary work. It also is not work undertaken in terms of a contract of employment, for no such contract subsists.
