Unfair labour labour practices

WE continue discussing the basic nuts and bolts of employment law. We discussed employment contracts and their various types, the changing trends in employment, casualisation of labour and the legal implications and remedies of non-payment of wages.

YOUR RIGHTS WITH MIRIAM TOSE MAJOME

People spend at least more than half of their lives at work in employment either as employees or as employers. Disputes are bound to happen out of the relationship and are indeed very common as evidenced by the plethora of case law.

There was need to establish a Labour Court to adjudicate labour disputes exclusively, as the High Court could not cope with the huge number of labour cases.

Labour disputes happen when an employment contract is deemed to have been breached or when certain sections of the Labour Act have been contravened.

We shall look at some of the issues that lead to labour disputes. For employees they mostly centre around allegations of unfair labour practices committed by the employer.

Unfair labour practices are set out in Section 8 of the Labour Act and shall be compressed in this article.

Contravening any single one of them may result in a labour dispute and litigation against an employer.

Generally speaking employers commit unfair practices if they prevent, hinder or obstruct employees from enjoying and exercising any of the rights they are accorded, as employees in the Labour Act and its various amendments.

Labour legislation in this country is the result of seeking to correct the imbalances inherited from the exploitative employment practices and culture of the colonial system before 1980.

The legislation also seeks to conform to international labour guidelines, best practices and statutes like the various International Labour Organisation protocols of which Zimbabwe is signatory.


The Labour Act is protectionist and regarded as pro-socialist legislation cited as one of the reasons potential investors and employers shy away from investing in the country.

It does, however, contain provisions for protecting both employers and employees in varying degrees.

Employee rights are clearly more defined and hence the reason most of the labour disputes tend to be for alleged unfair labour practices committed by employers.

Employee rights- Trade Unionism

Employers can be charged with any number of unfair labour practices, as stated in the Act.

Barring employees from joining trade unions and or workers’ committees is an unfair labour practice.

Trade unions are established for the purpose of protecting and advancing employee rights and welfare in the workplace.

Employees have a right to join and participate in the lawful activities of trade unions of their choice within their relevant industry or trade. They also have a right to take up positions in trade unions or workers’ committees.

They cannot also be barred from participating in trade union and associated activities. It is unlawful for employers to discriminate or victimise members of trade unions or works councils on the basis of their membership.

There is an ever present fear that members of workers’ committees, especially their leaders are more prone to victimisation, because they interface more with employers, particularly, in times of industrial strife or difficult negotiations for better pay and working conditions.

If employers do anything to hinder the membership or participation of employees in trade union activities they will be committing unlawful and unfair labour practices.

This right follows after the constitutional right of freedom of association.

If any employer is convicted of breaching this right and infringing the rights of employees they will be liable for damages for any loss or prospective loss caused whether directly or indirectly, as a result of the infringement or threatened infringement.

Freedom from forced labour

Forced labour is slavery and slavery is manifestly illegal and constitutes a gross unfair labour practice.
All labour is to be engaged in freely and unless it is performed voluntarily it should be in exchange for some agreed benefit.

Slavery is very much a present day phenomenon against which world countries are fighting through various anti trafficking laws. It is called modern or contemporary slavery and estimations are that there are at least 30 million people working as slaves throughout the world.

Millions of people are still sold into slavery in covert complex human trafficking operations. Poor people are usually tricked into general or sex slavery by human traffickers.

The Trafficking in Persons Act (Chapter 9:44) needs to be amended to be updated with international law. There have been a significant number of prosecutions under the Act in Zimbabwe from 2016.

Discrimination

Discrimination for any reason, whatsoever, constitutes an unfair labour practice.

Section 5 prohibits employers from practising any form of discrimination against employees. No employer shall discriminate against any employee or prospective employee on grounds of race, tribe, place of origin, political opinion, colour, creed, gender, pregnancy, HIV/AIDS status or disability outside the allowable variation criteria.

It is prohibited to be discriminatory in job advertisements, recruitment, creation, classification or allocation of wages, salaries, pension, accommodation, leave or other such benefits, training, advancement, apprenticeships, transfer, promotion or retrenchment.

It is an unfair and unlawful practice to pay men and women differently for work of equal value.

However, this is a common trend worldwide against which gender activists have been campaigning with some success.

Conviction for an act of discrimination carries a possible prison sentence of two years or a fine or both. The employer is also liable to paying damages for any loss incurred by the employee or prospective employee.

Universal fair labour standards

There are universally agreed minimum standards of treating and administering the welfare of employees.
Employees are to always be paid at least the stipulated minimum wage for the sector. Underpaying employees or not paying them at all is illegal and an unfair labour practice.

It is also unlawful and unfair to compel employees to work more than the stipulated maximum number of hours. Rest breaks such as meal times are compulsory for all employees.

The generally gazetted standard with health regulations is 15 minutes for every 3 or 4 hours worked and a lunch break of at least 30 minutes to an hour depending on the industry.

It is also unfair and illegal for employers to fail to provide the stipulated conditions of service which ensure the safety and security of employees. This relates to the provision of equipment and safety wear and tools.

Lastly it is illegal to hinder, obstruct or prevent or penalise employees for seeking access to lawful proceedings against the employer. Employees cannot be prevented from seeking legal representation if they seek to advance or protect their own rights and interests.

Employees have a right to be represented by lawyers at whatever proceedings they may be party to pertaining the employment contract and relations such as grievance submissions or disciplinary hearings.

79 Comments

  1. What a pluseare to meet someone who thinks so clearly

  2. Having read this I thought it was extremely enlightening. I appreciate you finding the time and energy to put this information together. I once again find myself spending way too much time both reading and posting comments. But so what, it was still worthwhile!

  3. Het ziet er prachtig uit, dat zal straks mooi staan in mijn ‘collectie’ GOK-boeken. Ben héél benieuwd en kijk uit naar al die nieuwe recepten!

  4. The judicial understanding of salvation of the West came about by Western theologians like Tertullian and especially Augustine reading the concepts of Roman Law into the New Testament text. In Protestantism, it is no accident that both Luther and Calvin studied law before they turned their attention to theology.

  5. Alison KayeMarch 14, 2007 This is such a great dedupe software product but also offers much more than deduping. The email address corrector is amazing and the text cleaning capabilities and automatic address standardization is fantastic. Very highly recommended

  6. Oh, my God, this is hilarious. I know loads of Freemasons. My father’s a 33rd degree. Most of them couldn’t run a K-Mart, much less the planet.Appatently, this guy’s ideas of “research” is “reading books by paranoid schizophrenics.”

  7. Adela scuza-ma ca eu am scris pe langa subiect.eu folosesc DOVE,NIVEA,PROTEX,FA (din acela cu miros de trandafiri sau ceva de genul care miroase f bine)sau orice sapun miroase ademenitor.exista o diferenta intre un sapun de 10 lei si unul de 24 dar nu este intotdeauna asa depinde si de pretentia fiecaruia.

  8. You are correct, dear Hugues, you need not write too much… I know yours is a photographic soul, mon ami… Thank you for always being positive and supportive!

  9. Anche nelle peggiori giornate questa rubrica è in grado di risollevare l'animo:-) Non so chi sia l'amica della Ferragni, ma io ho perso la speranza nel po' con l'apostrofo.

  10. Hoi,na een kleine communicatiefou heb ik het eindelijk binnen. Ben net een paar dagen begonnen, kan er nog veel over zeggen. Ben wel al 5 kilo kwijt in ruim een maand; door gezonder te eten, meer (water) te drinken en meer te bewegen (lopen, fietsen, crosstrainer). Op naar de volgende 5!

  11. marka hore waxaan halkan ka salaamaya qolada barmaamujikan fududeysa,marka xiga haddii aan su,aashay u soo dego ,anigu waxaan qabaa mawduuc ka duwankan dadku badi ka hadlayaa,oo ah,arin aniga gooni ii haysata,caruurteydii maan qoran markii aan sweden sharciga ka dalbanaayey iminkana waxaa doonayaa inaan u dacwoodo caruurtey oo aanu kala maqanahay,MARKAA SIDEY U SUURAGALEYSAA DACWADAASI MAADABA AANAY CARUURTU II QOREYN?U codee: 0  0

  12. ho appena perso 3 "amici" perchè secondo loro non usavo abbastanza cuoricini su Facebook…mi hanno detto che nn uso facebook così, seminando cuori sulle bacheche nn lo uso nella giusta maniera e potrei anche cancellarmi…lo scoprono dopo 10 mesi che io nn uso mai i cuoricini…dovrebbero fare un corso…sono io antisociale o loro che li usano in modo patologico?!Fra

  13. I much like the valuable facts you offer you into your reports.I’ll bookmark your web log and take a look at again below usually.I am fairly certainly I’ll learn about a lot of latest things right listed here! Superior luck for the future!

  14. your pictures are perfect. they're not only quick snaps of an outfit, they capture a whole atmosphere. wow. i'm in love with the photos, outfit and your blog! x

  15. Nein! Das glaub ich ja jetzt nicht!… Hab ich schon wieder gewonnen? Boaaah! Ich freu mich wie Bolle, das kann doch gar nicht wahr sein *freufreufreu*!Ich mach mich dann mal auf den Weg zu Domi :O))).Ganz lieben Dank,liebe Grüße,Marina

  16. May03 I would so love a print of this one to be available (hint hint) …. Really speaks to me, it’s that loaded silence that is full of atmosphere and promise and the wind, it feels big

  17. Jossain psalmissahan sanottiin, että viini on ihmisille iloksi. Minusta aika valjulta kuulostaa jos sanotaan, että rypälemehu on ihmisille iloksi. Rypälemehu on minusta enemmänkin janonsammuttaja kuin ilo ihmisille. Viini sen sijaan on sitten enemmän sellainen ihmisille iloa tuova asia. Itse juon viiniä silloin tällöin. Se on hyvää. Heikko veli ei voi mitään, koska ei näe kun juon, hähää 🙂

  18. I’m no expert, but I believe the zombie theory is that the brain controls the electrical impulses needed to activate the muscles and therefore cause them to move. Blood doesn’t play a strong part of the process, just the nervous system.As an interesting side note, look up cordycep fungi

  19. was more leftovers (as most Fridays are!).  Chili mac – 1 cup pasta, 1/2 cup Cincinnati chili, 1/2 cup black beans, torn baby spinach and orange peppers.  Lunch comes in at 473 calories, 43

  20. I am truly impressed with your writing skills and too with the layout by your blog. Is this a paid theme or else did you adjust it yourself? Anyhow deposit in the lead the polite attribute inscription, it is odd to distinguish a careful blog like this one nowadays

  21. Unquestionably believe that which you stated. Your favorite justification appeared to be on the internet the simplest thing to be aware of. I say to you, I definitely get irked while people think about worries that they just don’t know about. You managed to hit the nail upon the top as well as defined out the whole thing without having side-effects , people can take a signal. Will likely be back to get more. Thanks

  22. You were one of the very first blogs I started to read…I’m guessing it’s been about 3 years now?? Holy cow! I just realized how long it’s been. I feel like I’ve known you forever

  23. you already have printed a remarkable coupled with good looking clause. i recommend the guy a great deal of. I can without come with drafted it more efficiently. I become at facebook my welcoming credit report and bring back anymore. Many thanks and all best.

  24. What a fascinating alternate history you propose! Innumerable poor families would give up a son to become one of the black-garbed castrati who administer the all-powerful Magisterium. The music alone might make it worthwhile.

  25. Scary, but the translation is pretty much spot on (from what I can hear). It’s a creepy sounding voice from the Mickey rip-off, too. This kind of crap is not limited to muslims, ever see christian TV here in the States? Child abuse, no doubt about it.

  26. monika.ansh- u look positively radiant in your pregnancychox- that is my over grown hair- am trying to grow it yet again for the religious function next yr cell costume was borrowed – at navy and my MIL's school( she teaches there) in C'mani

  27. Glimrende!Ã… jeg som har hatt sÃ¥ dÃ¥rlig tid idag at jeg knapt har hatt tid til Ã¥ lese – og langt mindre kommentere disse fantastiske innleggene.Du har helt rett – det er forskrekkelig trist – og hinsides morsomt.Man ler og ler og lerhelt til man hikster, og da kan man jo aldri vite om det det er lattetÃ¥rer eller bunnløs fortvilelse som gjør at du ligger tvekroket pÃ¥ gulvet.

  28. You found out a lot more about Lucas! As if all this intel isn´t enough.. the naughty Tazbeks have done it again! See my TFB-blog for more spying on Lucas..

  29. Youse old phucks knuckleheads are a strange breed…knows nothing about the history and culture of the land you currently live but full of failed ideas from the old country. Delusion of moronic proportions is the way to go for youse old uneducated clowns running about like monkeys…when is the next circus?

  30. Wow that was strange. I just wrote an really long comment but after I clicked submit my comment didn’t appear. Grrrr… well I’m not writing all that over again. Anyhow, just wanted to say superb blog!

  31. Advantageously, in most cases the submit is really the very best about this laudable theme.To be sure with all your a conclusion and will thirstilyawait that the following revisions. Actually stating cheers won’tmerely end up being suitable, to your excellent readability within yourcreating. I may at once seize a individual’s rss to sleep inabreast of virtually any upgrades. First-rate job and far success within your organization company!

  32. Hello – I must say, I’m impressed with your site. I had no trouble navigating through all the tabs and information was very easy to access. I found what I wanted in no time at all. Pretty awesome. Would appreciate it if you add forums or something, it would be a perfect way for your clients to interact. Great job

  33. Анонимный петушок / И при чём тут обзоры? Просто ему звонил ебаный троль. Многолетний долбоёб. Вот всё что я услышал.

  34. در صورت امکان و کلا ، نه برای این بازی ، به ویندوز ۷ مهاجرت کنید و برای این مشکل خاص هم دقت کنید که نت فریم ورک ۴ رو نصب کردید؟سی ++ ها رو نصب کردید؟

  35. Quand je lis les commentaires ici je suis un peu… surpris et sceptique… de voir tant de monde balancer leurs points de vue; va t’informer oui on peut les reproduire et l’autre qui sort la même chose non on ne peut pas lol. Faut arrêter les âneries et avoir la sagesse de dire JE PENSE QUE… ou À MON AVIS…

  36. Suggestion:Be able to set a default video player size and set a default video quality so that I don't have to change the player size and video quality everytime. This is helpful when I open multiple videos in new tabs at the same time. It get's redundant to have to manually choose a player size and video quality for each video.

  37. Unfortunately I didn’t get to drink anything last night, unless you count the milk in my late night bowl of cornflakes. Maybe at the weekend, but probably not. I’m not much of a drinker!

  38. Perte de privilèges pour les uns, nouvelle liberté inconfortable pour les autres.C’est exigeant la liberté et l’auto-détermination, par rapport au confort relatif de la dépendance… D’où la tentation pour certaines d’y retourner.Pour ce qui est du couple, c’est certain que la démocratie est plus compliquée à faire fonctionner que la dictature….

  39. Hello i missed episodes 4, 5, and 6 and i cant seem to find anywhere to be able to watch them can anyone point me in the right direction as i really want to know what happens.

  40. For best results, you should consider doing Induction, but if you only have a few? pounds to lose, you can omit doing Induction and start in the beginning rungs of OWL.

  41. Hey BOK,you are absolutely right, it was my fault. There was a bool bug but now it’s fixed!Thanks for the report, hopefully now it will work for you.Kind regardsMartin

  42. Sorry for not supporting this plugin, I thought it was dead and only now realized it’s being downloaded regularly still.thomas&hellip, the error is being adressed and the new version is being uploaded at the moment. Remember that if you actually use this plugin regularly and find it saves some time and effort in your blogging actions, please donate a beer or two.

  43. Dear Roger,so you need 30 people to publish a book? Any idea how much they would charge, especially for some voluminous books?I’d love to see two works in full color printed edition.- Hector Paulus Mair: De arte athletica (cod. icon 393: München codex)- Talhoffer (Thott Manuscript)I know you can find these books online, but I’m so old fashioned that I really like to have a real book in my hands…So still 29 people to find who want these? Greetings,Bert

  44. Lookup:’ The God Within documentary – exposing the false philosophy of modern science.’ With Mike Adams from Natural News Here on YT or NaturalNews*tv. And God bless all you truth seekers abundantly~

  45. I love this post! So completely how I felt after having my daughter 2 years ago and once again doing it again. My poor hubby is counting down to when we can have sex again,I don't have the heart to tell him it ain't happening for awhile yet!

  46. I used to volunteer at this PADS site 10 years ago. I called the home office, I’ need to go to training again but will be looking to volunteer at your site. I may be able to do the 3rd shift

  47. Excellent blog here! Also your web site loads up fast! What host are you using? Can I get your affiliate link to your host? I wish my web site loaded up as quickly as yours lol

  48. Do you mind if I quote a few of your posts as long as I provide credit and sources back to your blog? My blog is in the exact same area of interest as yours and my users would certainly benefit from a lot of the information you present here. Please let me know if this ok with you. Thank you!

  49. Trebuie sa stie la cine sa se adreseze daca vrea controlul total a maselor.la Maldova sunt multi diletanti da cei care in realitate controleaza nu isi arata mutra la TV si nu apar in ziare.

  50. Appreciate it for all your efforts that you have put in this. very interesting information. “Be bold and mighty powers will come to your aid.” by Basil King.

  51. « le travail de référenceurs bien plus compliqué »Je trouve ça bien : ça permet de continuer de se différencier des autres et cela demande des connaissances encore plus pointues !

  52. Ha d’accord !! En fait le plugin créée lui même les tags de chaque article, mais je n’ai pas vu comment il fonctionne réellement. Tout ce que je sais, c’est qu’on se retrouve avec 15 à 20 tags qui ne qualifie en rien les articles. Ensuite le nuage de tags est complètement transformé… Enfin le soucis est réglé…

  53. John,I figure less than half and probably most of the younger ones only became aware of real estate in 2003ish. The language has changed completely along with the price.

  54. I like this site very much, Its a real nice spot to read and incur information. “I’d better get off the phone now, I’ve already told you more than I heard myself.” by Loretta Lockhorn.

  55. It is going to be interesting to see how the DNC tries to sell the poster image of Obama now and convince America that we need four more years of Chicago style retribution for our country's success.

  56. Herlig blogg, fant den tilfeldigvis på F-B.no.Gleder meg til å følge dere videre, du er suveren til å formidle på en utrolig morsom måte :)Klem Hege.

  57. ó um iPOD branco la em cima daquele móvel, no lado direito…a comunistada nao perde um produto feito pelos imperialistas…eles tem tudo…ja o povo que governam, nao tem nada…principalmente na ilha-prisão, que mal tem papel higiênico…

  58. Hello Craig,I’m so sorry your dog was stolen, how horrible that must be! I hope you have reported this to your law enforcement agency.I’m sorry I can’t give you any information on specific areas. You might check with local animal shelters, rescues and reputable breeders in your area. They may be able to help you. We sure hope you find your dog!

  59. Today the UKIP Peer who invited Geert Wilders to Britain (inciting the ban from our evil govt) was elected leader of UKIP, on a platform of fighting against fundamentalist Islam.First good news I've heard in awhile. It's good to have a genuine patriotic party without the BNP's taint of past Fascism.

  60. happy birthday to sweet and what a nice tribute post to canada. when you wrote about wanting to move away i felt kind of bad for you because i know it’s hard when you’ve lived somewhere else being somewhere that isn’t “home.” you’re right its very important to count our blessings sometimes. and i cant wait to see your first giveaway!!!ps. arcade fire are fantastic!

  61. I own a Swimsense and quite like it, but what I really don’t like is its display. It’s just not readable to me in a lot of situations and therefore wish there was some backlight. On the other hand the form factor is really not an issue like I thought before I ordered the watch. It’s actually quite small.

  62. easytest 41 – M’SILA28 Gomis est loin d’etre nul ^^ il marque ces le principal ces logiquement se qu’on peut demander de mieux a un jour desfois on est sans reussite sa arrive a tt le monde mais il est important dans notre jeux pour les details que tu a donné

  63. You should take your points up with the European governments condemning the seemingly unhinged pope. AIDS isn’t going to be resolved by preaching but by educating, something of which the Vatican has a centuries-old record. If you want to preach, you should preach the priests to keep their hands off kids.

  64. I love the way you write, Keith, and always look forward to your posts. I’m glad I’m not alone. That’s all I have to say. You have given me a gift this morning because I’ve been feeling rather low and sucky lately. And, coming from you, it makes me feel better that I’m not the sole author out here feeling like a klutzy dork.PattiPatricia Yager Delagrange´s last blog post ..Like? 1

  65. This is probably one of the best mentions of this topic I’ve seen in quite a while. It’s obvious that your knowledge of the subject is deep and this made for a very interesting read.. Hey very nice blog!! tremendous pleasing more please.

  66. Sol, eres un maricón anónimo, no de los que festejan en la puerta del Sol sino en tu mierda babosa: Hijodeputa, te digo, no por insultar ni faltar a tu madre, sino como descripción abreviada de tí. Si quirees lo hablamos en persona y te sigo describiendo

  67. Whenever I initially left a comment I clicked on the Notify me any time new comments are added checkbox and now each time a remark is added I receive 4 emails with the exact same comment.

  68. Ben haberi ilk okuduğumda sınırlı ispanyolca'mla arama yaptım ispanyol sitelerinde felan. Hiçbişe bulamadım.. Bulan varsa beri gelsin.. O değil de haberi ilk yapan kim hakkatten ? Trabzonspor resmi sitesi olabilir mi ?

  69. I was curious if you ever considered changing the layoutof your blog? Its very well written; I love what youve got to say.But maybe you could a little more in the way of content so people could connect withit better. Youve got an awful lot of text for only having 1 ortwo images. Maybe you could space it out better?

  70. Espero que el nuevo jefe defienda los derechos del empleado…. y NO LOS DEL GOBIERNO o de los OPORTUNISTAS MERCENARIOS DE SIEMPRE.- que se PAGUE o PROVEAN EL UNIFORME 2 VECES AL AÑO(inviertno y verana).- que sean EQUITATIVOS CON LOS SERVICIOAS ALA.- QUE PIENSE QUE los nuevos VIGILANTEs, SE HACEN EN LA CALLE Y NO EN OFICINAS COMO LOS ULTIMO EGRESADOS DEL I.Se.P.-Que el vigi tenga DIGNIDAD( no le pague al jefe plata de las ospe o servicios adicionales)-No arreglar con las bandas delictivas, etc

  71. For GoutAcne Remedies: The Natural Way at HomeAcne Treatment – Herbal Remedies For AcneSkincare Routine & Advice For Adult AcneBlue Light Therapy: EffectivenessWhat are home remedies for cold sores and acne?Natural Penile

  72. I tend to leave my ipad and laptop at home when flying and take the netbook, more robust than the ipad but not as heavy as my laptop. They’re all good options and like most things down to personal choice.

  73. Ep41 full of Love Cuteness Love Love Love… Over Over load… My goodness.. I wish to see them more and more and more.. They are so real… and NOT BORING!!! i love WOOJUNG… WOOJUNG <3

  74. the UV chart is updated daily. Do not forget it is actually summer in the southern hemisphere. This is why the UV presence is so strong in S.A. at this moment and why even Southern Europe is very low UV wise.

  75. Hi Sagar, If you asking if there is sites where you can setup a demo account and trade with pretend money as if it was a real account then yes. My wife and I have been trading on the Forex for a while now so if you would like some more info just IM or email us and we’ll point you in the right direction.Yo & Jaime

  76. the first one isn’t mine – wish it was though.mine took a solid 2 hrs of smelling soldering fumes together with partly dried cow stomach, along with trying to figure out how to make paper cubes.

  77. J’ai chanté souvent : « allouette je te laverai » à mes enfants devenus grands maintenant !Je vois que je ne suis pas la seule !!!Belle journéeAnne

  78. Nulla eu sapien lectus, ullamcorper placerat lacus. Proin viverra purus id sem accumsan vel rhoncus nunc viverra. Ut ac dui sed enim vulputate scelerisque vitae non tortor. Etiam eu sagittis felis. Maecenas erat justo, accumsan ac egestas quis, cursus egestas libero.

  79. Andrew – My thinking is that for most people, the options tend to be more numerous with used cars than with new ones. If you limit yourself to buying new, you’ll hit your budget ceiling much sooner, where with used you can work down to the budget you have and the options are nearly unlimited what ever that number may be.

Leave a Reply

Your email address will not be published.