via . . . . workers, employers speak out | The Herald July 18, 2015 by Elita Chikwati
Workers reacted angrily to a ruling by the Supreme Court yesterday whose import is that employers can now terminate workers’ contracts after giving them three months notice without offering any explanation.
While the workers criticised the ruling, employers said it brought fairness to both sides as employees already had the right to give the three months notice on termination of a contract.
The workers said the judges took a “narrow” view of the Labour Act and their decision was unfair as it “killed” labour activism and would result in the victimisation of workers.
“To us its a disaster in that the judgement is removing negotiations on retrenchments,” said Zimbabwe Congress of Trade Unions secretary general Mr Japhet Moyo. “For example, if I am an employer and I want to restructure, why should I engage workers and pay them a package?”
“It’s a disaster because labour activists can be targeted. The employer can decide to remove all those who lead workers unions.”
Mr Moyo said the ruling was going to haunt Government as workers would be laid off en-masse. “While the (Labour) Act might have that loophole, the judges took a narrow view because they were supposed to read it with other sections on retrenchment,” he said.
“Government needs to look at tightening the Act to make sure there is no willy-nilly termination of contracts.”
Zimbabwe Federation of Trade Unions secretary general Mr Kennias Shamuyarira said there was need for Government to organise an urgent conference with labour and employees to move the economy forward. He said the judiciary was unfair on workers.
“These are predatory capitalists ruining the economy,” Mr Shamuyarira said.
“They are overriding President Mugabe’s vision and diverting sound policies on the socialist-Marxist vision which we subscribe to as labour centres.
“Our only hope is that we sit down for an emergency economic summit chaired by President Mugabe and including labour and employers.”
But Employers Confederation of Zimbabwe director Mr John Mufukari said the ruling brought natural justice to the labour market.
“This is a very level-headed judgement and we applaud the Appeal Court for having the courage to interpret the law without looking over their shoulders to see who is watching or who is not watching,” he said. “You cannot grow an economy by making it impossible to shed labour when necessary because you will go into liquidation.”
Mr Mufukari said it was unfortunate that the ruling might soon be of no effect since the Labour Amendment Act, which is yet to be passed, will take away the right for the employers to give three months notice of termination of contract.
Black Business Forum public relations executive Mr William Chaitezvi said the move was positive, although employers should not abuse it by firing workers for no reason. Zimbabwe National Chamber of Commerce chief executive Mr Takunda Mugaga said labour laws had been hanging as there were delays by the legislature to align them. He said the Supreme Court judgement would result in the attraction of investors.
“Labour is expensive in Zimbabwe compared to other countries in the region,” he said.
“The Supreme Court judgement can appear as unfair, but this is the way to go.
“In Zimbabwe, if a company wanted to retrench workers, the compensation was too high. Now there is flexibility of labour.”
COMMENTS
Killing “labour activism” is GOOD. Heavens, one should be able to fire anyone one wants to fire. I had a conflict and threatened to close my business if they forced me to re-employ a particularly obnoxious woman.
Allowing workers to be fired on 3 months notice without any reason attached or fault is taking the country back to the Master and Servant ordinace of 1901. Among the reasons of the liberation struggle was bad working conditions. Remember whether you are a manager as long as you are not the owner of the company, your job is at risk except Chidyausiku. This judgment has serious implications among which is job insecurity, reduction of taxes like Pay as You Earn, VAT, increase poverty levels, inciting social unrest, increase criminality as more people will lose their jobs, some will migrate causing xenophobia. Government must protect jobs or else it will bear the burden while its coffers are empty.
You are biased. And you are dishonest.
Oh My God!!!!!
“These are predatory capitalists ruining the economy,” Mr Shamuyarira said.
No wonder the country is stuffed. Yes, Zimbabweans are educated – but very stupid
The termination gives the worker the rights because when a company need a worker after the worker has offered to resign, there is usually the counter offer. Now if the employer gives notice to terminate a contract, what counter offer does the employee have. The employer is less vulnerable when an employee terminates, where as the employee is most vulnerable. The law is to protect and not not allow abuse of power. The spirit of fairness in labor market was never crafted with the view or spirit of ensuring that the workers abuse the employer. The employers are protected by the clause that affect disruption and strikes is part of that not termination. Beside this law that has been passed will be the first of its kind in the world.