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Unfair Labour Practices and the Constitutional Right to Fair Labour Practices re: Approach

SC30-08 : DANAI GURUVA vs TRAFFIC SAFETY COUNCIL OF ZIMBABWE
Ruled By: SANDURA JA, CHEDA JA and GWAUNZA JA

The appellant is employed by the Traffic Safety Council of Zimbabwe as a Regional Manager. He was based at their Gweru office from where he was transferred to the Masvingo office.The dispute which led to this case arose from his lateral transfer from Gweru to Masvingo.On 14 November 2003, the ...
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SC23-09 : ZIMPOST (PRIVATE) LIMITED vs COMMUNICATIONS AND ALLIED WORKERS' UNION
Ruled By: CHEDA JA, ZIYAMBI JA and MALABA JA

Section 12B of the Labour Relations Act [Chapter 28:01] provides that:“(1) Every employee has the right not to be unfairly dismissed.(2) An employee is unfairly dismissed –(a) If, subject to subsection (3), the employer fails to show that he dismissed the employee in terms of an employment code; or(b) If, ...
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Appealed
HH64-12 : SHADRECK MOYO AND 13 ORS vs J. LARRY HOFFMAN and CENTRAL AFRICAN BATTERIES (PVT) LTD
Ruled By: KUDYA J

Section 2(1) of the Labour Relations (General Conditions of Employment) (Termination of Employment) Regulations S.I.371 of 1985 read:“No employer shall summarily or otherwise terminate a contract of employment with an employee unless -(a) He has obtained the prior written approval of the Minister to do so; or(b)…,. not relevant.(c)…,. not ...
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SC200-97 : MUWENGA vs PTC
Ruled By: GUBBAY CJ, KORSAH JA and MUCECHETERE JA

This is an appeal against the decision of the Labour Relations Tribunal, brought under section 92(2) of the Labour Relations Act [Chapter 28:01] ("the Act"), in which it was held, that, the omission of the respondent ("the PTC") to promote the appellant to the post of superintendent did not amount ...
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SC43-15 : DON NYAMANDE and KINGSTONE DONGA vs ZUVA PETROLEUM (PRIVATE) LIMITED
Ruled By: CHIDYAUSIKU CJ, GWAUNZA JA, GARWE JA, HLATSHWAYO JA and GUVAVA JA

It would appear, on the papers, that the bone of contention between the parties is the legal status of the employer's common law right to terminate an employment relationship on notice. Counsel are agreed that once upon a time both the employer and the employee had a common law right to terminate an employment relationship on ...
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SC21-13 : AUGUSTINE M. TIRIVANGANA vs THE UNIVERSITY OF ZIMBABWE
Ruled By: GARWE JA, GOWORA JA and OMERJEE AJA

The appellant argues that the court further misdirected itself by finding that the respondent had a right to stop paying the appellant his salary and benefits in circumstances amounting to a constructive dismissal. Section 12B of the Labour Act [Chapter 20:28] provides: “12B Dismissal (1) Every employee has the right not to be unfairly dismissed. (2) An ...
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SC33-13 : TENDAYI TAMANIKWA and FRANK TINARWO and EMMERSON PAMIRE and TENDAI MOMBESHORA vs ZIMBABWE MANPOWER DEVELPOMENT FUND
Ruled By: ZIYAMBI JA, GOWORA JA and OMERJEE AJA

Although the appellants have not argued as such, the Labour Court is empowered with review jurisdiction. In terms of section 89(1)(d1) of the Labour Act [Chapter 28:01], the Labour Court shall “exercise the same powers of review as would be exercisable by the High Court in respect of labour matters.” In the exercise of its powers, the ...
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SC14-17 : CHEMCO HOLDINGS (PRIVATE) LIMITED vs L TENDERE and TWENTY-FOUR OTHERS
Ruled By: ZIYAMBI JA, GWAUNZA JA, and MAVANGIRA JA

…,. Unlike the position which obtains with a breach of section 16 of the Labour Act [Chapter 28:01], a failure to observe section 25 of the Labour Act [Chapter 28:01] is not, in terms of the Act, an unfair labour practice. Actions constituting unfair labour practice are set out in sections 8 and ...
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HH626-14 : THE NATIONAL EMPLOYMENT COUNCIL FOR THE CONSTRUCTION INDUSTRY vs ZIMBABWE NANTONG INTERNATIONAL (PRIVATE) LIMITED
Ruled By: CHIGUMBA J

Section 82(3)(a) of the Labour Act [Chapter 28:01] provides that failure to comply with the provisions of a Collective Bargaining Agreement is an unfair labour practice. See Barnsley v Harambe Holdings HC4648-2011 111…, and DHL v Madzikanda 2011 (1) ZLR 201…,.
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Appealed
CC15-19 : THOUSAND SADZIWANI vs NATPAK (PRIVATE) LIMITED and THE ATTORNEY-GENERAL and NATIONAL FOODS LIMITED
Ruled By: MALABA CJ and GOWORA JCC and HLATSHWAYO JCC

Section 12B of the Labour Act [Chapter 28:01] (“the Labour Act”) regulates matters of unfair dismissals.
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SC11-19 : MEDECINS SANS FRONTIERS (MSF) BELGIUM vs VENGAI NHOPI and OTHERS
Ruled By: HLATSHWAYO JA, PATEL JA and MAVANGIRA JA

Section 12B(3)(b) of the Labour Act [Chapter 28:01] reads as follows: “(3) An employee is deemed to have been unfairly dismissed - (a)…,.; (b) If, on termination of an employment contract of fixed duration, the employee - (i) Had a legitimate expectation of being re-engaged; and (ii) Another person was engaged instead of the employee.”…,. In Magodora v Care International 2014 (1) ZLR 397 (S)…, PATEL JA pronounced ...
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SC05-12 : MASHONALAND TURF CLUB vs GEORGE MUTANGADURA
Ruled By: ZIYAMBI JA, GARWE JA and GOWORA AJA

The gravamen of the appeal is that the Labour Court erred in upholding the manner in which the arbitrator exercised his discretion in terms of section 12B(4) of the Labour Act and that the decision of the court a quo ignored the employer's right to dismiss an employee found guilty of an act of misconduct which goes ...
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CC15-16 : BONIFACE MAGURURE and 63 OTHERS vs CARGO CARRIERS INTERNATIONAL HAULIERS (PVT) LTD T/A SABOT
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, GUVAVA JCC and MAVANGIRA JCC

The standard of what is unfair labour practice prescribed by the Labour Act was not in issue. In other words, the question is not whether, in defining unfair labour practice, the Labour Act violated the fundamental right to fair labour practice enshrined in section 65(1) of the Constitution.The Labour Act ...
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CC02-18 : GREATERMANS STORES (1979) PL t/a THOMAS MEIKLES STORES and MEIKLES HOSPITALITY PL vs THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE and THE ATTORNEY-GENERAL
Ruled By: MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC, MAVANGIRA JCC and UCHENA JCC

UNFAIR LABOUR PRACTICE The applicants also argued that the operation of the transitional provision infringed their right to fair labour practices protected by section 65(1) of the Constitution. It was their view that the ex post facto imposition of the financial obligation upon them to pay the employees whose contracts they had terminated on notice the minimum retrenchment package meant ...
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HH174-13 : ALOIS MATONGO vs MIDLANDS STATE UNIVERSITY
Ruled By: MATHONSI J

Section 89(2)(c) of the Labour Act [Chapter 28:01] gives the Labour Court the power, in the exercise of its functions, to order back pay and compensation of an employee in the event of an unfair labour practice among other powers.
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HH152-14 : RESERVE BANK OF ZIMBABWE vs PRIVILEDGE MATURURE
Ruled By: MATHONSI J

Section 8(e)(iv) of the Labour Act [Chapter 28:01]..., provides that an employer commits an unfair labour practice if he fails to comply with a determination or direction which is binding upon him in terms of the Labour Act.
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SC35-15 : ELIAS CHIDEMBO vs BINDURA NICKEL CORPORATION LIMITED
Ruled By: GWAUNZA JA, HLATSHWAYO JA and MAVANGIRA AJA

This is an appeal against the decision of the Labour Court which upheld the dismissal of the appellant from his employment with the respondent.The factual circumstances of this matter are common cause.The appellant was in the employ of Bindura Nickel Corporation Limited and served as a workers' committee chairman. He ...
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Appealed
HH64-12 : SHADRECK MOYO AND 13 ORS vs J. LARRY HOFFMAN and CENTRAL AFRICAN BATTERIES (PVT) LTD
Ruled By: KUDYA J

The plaintiff's..., submission, that section 13(1) of the Labour Act [Chapter 28:01] maintains the employer-employee relationship where terminal benefits have not be paid, is incorrect.All it does is to criminalize unreasonable delay in payment and deign it an unfair labour practice.
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HH813-15 : STANLEY MACHOTE vs ZIMBABWE MANPOWER DEVELOPMENT FUND
Ruled By: TSANGA J

On 21 July 2015, I registered an arbitral award in favour of the applicant which was in the following terms:“It is ordered that;1. The arbitration award attached hereto, and granted in favour of the applicant on the 29th of October 2014, be and is hereby registered as an order of ...
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SC00-89 : ART CORPORATION LTD vs MOYANA
Ruled By: GUBBAY JA, McNALLY JA and MANYARARA JA

This is a labour dispute between the parties. A brief history of the matter is as follows:The appellant (the Corporation) employed the respondent (Mr Moyana) on 20 October 1980 as a Marketing Executive. The contract was a simple one, providing that his functions were to be assigned to him from ...
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Appealed
HH93-16 : RITA MBATHA vs FARAI ZIZHOU and CONFEDERATION OF ZIMBABWE INDUSTRIES
Ruled By: DUBE J

The application before me is a special plea and exception.The brief facts surrounding this claim are as follows:The plaintiff was employed by the Confederation of Zimbabwe Industries reporting to the first defendant who was its President and Chief Executive Officer. On 18 June 2014, the plaintiff issued summons against the ...
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HH675-21 : RITA MBATHA vs FARAI ZIZHOU and CONFEDERATION OF ZIMBABWE INDUSTRIES
Ruled By: MAFUSIRE J

IntroductionThe plaintiff claims a default judgment for sexual harassment. She is unrepresented.The matter appeared on the unopposed motion roll on 20 October 2021. It was one of several such appearances. In the past, the matter would be removed from the roll for one reason or other. The matter has had ...
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Appealed
HH591-18 : CAINOS CHINGOMBE and TENDAI KWENDA vs CITY OF HARARE and MINISTER OF LOCAL GOVERNMENT, PUBLIC WORKS AND NATIONAL HOUSING and HOSEA CHISANGO N.O. and GEORGE MAKINGS N.O. and CHENAI GUMIRO N.O.
Ruled By: MATHONSI J

Section 12B of the Labour Act [Chapter 28:01] says:“(1) Every employee has the right not to be unfairly dismissed.(2) An employee is unfairly dismissed —(a) If, subject to subs (3), the employer fails to show that he dismissed the employee in terms of an employment code; or(b) In the absence ...
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SC177-20 : CAINOS CHINGOMBE and TENDAI KWENDA vs CITY OF HARARE and MINISTER OF LOCAL GOVERNMENT, PUBLIC WORKS AND NATIONAL HOUSING and HOSEA CHISANGO N.O. and GEORGE MAKINGS N.O. and CHENAI GUMIRO N.O.
Ruled By: GOWORA JA, GUVAVA JA and MAKONI JA

Section 12B of the Labour Act requires that an employee be dismissed in accordance with the provisions of a Code of Conduct. It provides as follows:“12B Dismissal(1) Every employee has the right not to be unfairly dismissed.(2) An employee is unfairly dismissed —(a) If, subject to subsection (3), the employer ...
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HH21-21 : LAZARUS MUCHENJE vs SUSAN M. MUTANGADURA and PAUL MUPFIGA and TENDERO DZVETERO and DR BEAULAH CHIRUME and CHIDO BOKA and NETONE CELLULAR PL
Ruled By: MUREMBA J

The applicant was employed as the Chief Executive Officer (CEO) of the sixth respondent. The sixth respondent is Net One Cellular (Pvt) Ltd, a licensed provider of mobile and related telecommunications services in Zimbabwe. The first to fifth respondents are its directors.Following a Board meeting held on 20 February 2020, ...
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Appealed
HH137-19 : STANLEY NHARI vs ROBERT MUGABE and DR GRACE MUGABE and GUSHUNGO DAIRY HOLDINGS (PVT) LTD
Ruled By: CHIKOWERO J

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 ...
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SC161-20 : STANLEY NHARI vs ROBERT MUGABE and DR GRACE MUGABE and GUSHUNGO DAIRY HOLDINGS (PVT) LTD
Ruled By: GARWE JA, MAVANGIRA JA and MAKONI JA

This is an appeal against the judgment of the High Court upholding the special plea by the respondents that the High Court did not have jurisdiction to determine issues of employment and labour law.At the centre of the dispute between the parties, both in the court a quo and before ...
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HH63-16 : ASWEL NYANZARA vs MBADA DIAMONDS (PRIVATE) LIMITED
Ruled By: CHITAPI J

The applicant is a former employee of the respondent. He was employed in the position of Asset Protection Officer.On 11 November 2014, the applicant was served with a notice to terminate his employment with the respondent. The notice period which the applicant was given was three (3) months effective from ...