UPDATE ON LABOUR AMENDMENT ACT

ABSTRACT

  1. The Labour Amendment Act, No. 5 of 2015 makes all employment contract terminations on notice carried out on and after 17 July, 2015 null and void. Employers are expected to either take the workers back or, in addition to the three months notice pay, negotiate compensation for loss of employment which is not less than one month for every two years served.
  2. There are some “unintended” provisions which make the Act very difficult to implement.
  3. The Government is commendably anxious to correct the provisions which were unintended but it is not clear how long the process will take.
  4. While vigorously pursuing the dialogue option, EMCOZ has had to pursue other measures to protect the employer in the interim.

OTHER MEASURES TO PROTECT THE EMPLOYER

  1. While the Industrial Relations climate remains calm, some workers have started claiming their jobs back, or payment of “compensation for loss of employment” in line with the provisions of the Labour Amendment Act.
  2. EMCOZ, on 8 September 2015, resolved to commission Lunga and Gonese Investment and Corporate Attorneys to challenge those provisions of the Labour Amendment Act which violate employers’ rights as provided by the Constitution of the Republic of Zimbabwe.
  3. The Lawyers have filed their deposition at the High Court of Zimbabwe.

MEANWHILE

  1. Now that EMCOZ has filed a class action against the violations of employers’ constitutional rights by Act 5 of 2015, any legal action by a member of EMCOZ becomes part of the class action.
  2. It is recommended, therefore, that any member of EMCOZ contemplating legal action in relation to the Labour Amendment Act should enlist the assistance of Lunga and Gonese Investment and Corporate Attorneys who will represent EMCOZ members all the way from appearance before Labour Officers to the Constitutional Court, if necessary.

INVESTMENT

  1. To fund this legal challenge, EMCOZ requests each of its members to please contribute an initial sum of five hundred United States Dollars (USD $500.00). The Attorneys think this will cover the cost if every EMCOZ member contributes.
  2.  The contribution should be deposited or transferred into the following account:
  3. BANK CABS
    ACCOUNT NAME Employers Confederation of Zimbabwe
    ACCOUNT NUMBER 1004518536
    BRANCH                                Fourth Street
  4. Proof of Deposit or Transfer should immediately be scanned and mailed to the following e-mail address:  ehweru@emcoz.co.zw and copied to director@emcoz.co.zw