Labour Forum February 2018

LABOUR FORUM ISSUE 8 February 2018 www.ncslabour.co.zw @ncslabour on Facebook/ Twitter

10profile

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events

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feature

Trending

IGNORING LABOUR LAW: A SERIOUS GAMBLE

Feb 2018. LABOUR FORUM. Page 2

EDITORIAL February 2018 CONTENTS Editorial ....................... Page 2

W

hat you are holding now is culmination of our hardwork and creativity. As always, we are committed to bringing you the latest news and information in the realm of human resources management.

News ............................ Page 4 Trending Issue ............ Page 5 Labour Law ............... Page 7

Trending in this month’s installment is why ignoring Labour Law is such a serious gamble.

In short, understading fair and unfair labour practices marks the difference between succesful and struggling businesses.

Policy ............................ Page 8 Events .......................

A note from Gladys

Page 9

FAQ’s .......................... Page 11

In our Labour Law section, we carefully examine retrenchment procedures. Remember that if you have any queries regarding these issues, NCS Labour is just a phone call away.

The Pulse .................. Page 12

Thanks for sticking with US as always.

Pleasant reading!

PUBLISHERS NCS LABOUR & TRAINING CONSULTANTS +263 71 261 7383 / +263 712 717 708 Unit 8 Aida Court, Windsor Park, Famona, Bulawayo. @NCSlabour (Facebook, Twitter, WordPress) WhatsApp Business : +263-9-75237

Gladys Mpemba.

Editor

Labour Forum is NCS’s first electronic newsletter. The goal of our newsletter is to provide our established and prospective clients with news and info about human resources programs and events.

The newsletter is a free service emailed on a monthly basis with special editions throughout the year.

First class Gladys - Thank you. - Sheona, Forever African Safaris So well put together and very informative.

Thank you for the hard work - Esme Devilliers Your first addition was quite good and this one is superb. You are doing a sterling job and your newsletter is quite informative and a joy to read. Keep up the good work and I can not wait for the next edition. - Bheki Moyo: Auto Tyres.

Another excellent newsletter. You are on a roll ….. good luck. - Les Ross: Girls College.

Congratulations Makorokoto. Thank you for your debut Newsletter. Well written and laid out. - Dr & Mrs Battey

Editor Gladys Mpemba Non-Executive Directors Shepherd Mpemba Chido Mpemba Contributor Peter Ngorima Administrator Lucia Murumbi Design & Layout Tam’sanqa Mhepoh (+1-402-304-6540 / +263-71-292-3105) mhepoh@gmail.com Images and Illustrations Tamsanqa Mhepoh

This month’s profile: Peter NgorimaAssociate Labour Consultant at NCS Labour Relations

Congrats Gladys and team- very well presented and informative.- Anne Middleton -ER York.

GET YOURSELF AHEAD

WITH NCS LABOUR RELATIONS PUBLICATIONS

Retrenchment Disciplinary Procedures DIY – ONUS – He who Procedures & Labour Act Handbook.

Contracts of alleges must Guiding Court (Chapter 28:01).

(A practical employment. Updated to prove.

Cases. guide) (Standard Proce- (Drafting of incorporate all (A guide to prov$45.00. contract docuing 26 serious dures Applicable amendments as ments and job at 2nd March offences) to All Codes) descriptions) 2007. $30.00. $30.00. $30.00. $25.00.

Interested? Contact Gladys or Lucia on NCS Labour Relations Consultants 0712 617 383 or 0712 717 708 Unit 8 Aida Court, Windsor Park, 16th Ave, e- mail: ncslabour@gmail.com Famona, P.O. Box 215, BULAWAYO.

Page 3. LABOUR FORUM. Feb 2018

ABOUT NCS

Background NCS Labour and Training Consultants is a leading consultancy in Zimbabwe providing advice and training in Labour Relations. We form partnerships with clients and assist in diagnosis of labour problems. We have the expertise to help clients get to understand labour issues.

Gladys Mpemba (Principal Consultant)

We have developed a Unique Service Practice over the years through - Availability - Professionalism -Location -Reliance - Accuracy - Ability

Our Services

Policy Training

drafting

Arbitration

4 Lois Lane, Eloana, Bulawayo, Zimbabwe.

Reservations: +263-9-77405 /+263-77-554-5983 www.retreatlodge.co.zw

Feb 2018. LABOUR FORUM. Page 4

NEWS NEC Textile Industry

A

ccording to S.I. 151 of 2017.

There has been a wage/salary increase of $11.00 across the board effective from 1st October 2017 for 12 months.

The increase is inclusive of housing and transport allowances.

Featured Image Credit: FinGaz

Business mull class action over labour clause

B

USINESS is set to meet over a contentious clause in the Labour Act which entitles workers who have been fired for misconduct to receive compensation amid the possibility of class action, Business Digest has learnt.

lawyers from a top law firm and get their reading of the act and their legal argument around the clause,” Mufukare said. “We will then hear their legal arguments around this clause and will then decide whether we will take a class action against this clause.”

The Labour Amendment Act Number 5 of 2015 entitles workers who have been dismissed to receive compensation which includes notice pay.

He said although they had agreed with their other social partners, labour and government, that the clause be removed as part of the amendment of the Labour Act, the time it will take to do so would disadvantage its membership.

Employers’ Confederation of Zimbabwe executive director John Mufukare told Business Digest on 20 February 2018 that they will meet their attorneys in March 2018 to get their legal argument around the clause.

However, he would not name the law firm, saying it would not be prudent to do so before they meet to discuss the issue. “We are meeting

Mufukare said some of their members were facing lawsuits from workers they have dismissed as a result of this clause which warranted the business sector to take urgent action to protect their affected c o n s t i t u e n c y - t h e i n d e p e n d e n t . c o. z w

DISCLAIMER Labour Forum is not meant to be an exhaustive legal reference or a substitute of the statutes .It is among others, an explanatory guide to those parts of labour relations and human resources that directly affect the employment relationship.

The information, opinions and views set out in this publication are those of the author(s) and do not necessarily reflect the official opinion of NCS, executive members nor any of their partners.Neither NCS Labour Consultants nor any person acting on their behalf may be held responsible for the use which may be made of the information contained therein. Rights to the photographs and articles remain with the photographers and with the authors respectively. Contact NCS Labour for reproduction. While all care has been taken during editing, errors and omissions may slip through and we sincerely apologise for these

MEET OUR TEAM

Shepherd and Chido Mpemba (Non Executive Directors)

Gladys Mpemba (Principal Consultant)

Lucia Murumbi (Administrator)

Godfrey Makasva (Office Assistant)

Page 5. LABOUR FORUM. Feb 2018

T R E N DING IS SU E

Ignoring labour law: A serious gamble

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MPLOYERS constantly complain that labour law does not allow them to fire employees for breaking rules. However, this is not true. Labour law definitely does allow employers to dismiss employees.

It is not the firing of employees that the law has a problem with. Instead, it is unfair dismissals, which result in the employer being forced to pay the employee exorbitant amounts of money in compensation.

by Ivan Israelstam

Fair Play

‘Procedurally fair’ relates to whether the employee was given a fair hearing. Whether a dismissal is ‘substantively fair’ relates to the fairness of the dismissal decision itself rather than to the disciplinary procedures.

The employee really did break a rule.

In order to be free to fire employees who deserve dismissal, employers need to understand and accept the difference between fair and unfair dismissal.

•

The rule was a fair one.

•

The penalty of dismissal was a fitting one in the light of the severity of the offence.

This is because, if the employer has an employee who is causing mayhem or is costing the employer money or is otherwise undesirable, the employer cannot afford for the employee to be reinstated.

•

The employee knew or should have known the rule.

So while the law does allow dismissals, it also requires the employer to be able to prove that the dismissal was both procedurally and substantively fair.

The rule requiring employees to hand in tips to management to go into a monthly kit had not been given to Mundell.

•

Mundell had no way of knowing that she was not allowed to distribute the tip money herself.

•

The tip had been given by the client to an open gathering.

•

The cool drinks had been intended by the client for consumption by the staff.

•

Giving the cool drinks to the employee was not serious enough to merit dismissal.

•

The employer’s failure to prove that the employee knew of this rule rendered the dismissal unfair.

•

The employer was required to pay the employee six months remuneration in compensation.

Specifically the employer would have to show that: •

It is exceptionally difficult to dismiss or discipline an employee who has been reinstated by the Labour Court or other tribunal.

It was reported that:

Properly trained arbitrators consider all the above factors together with the circumstances of each individual case in deciding if a dismissal was fair and whether the employee should stay dismissed or should be reinstated.

In the case of Mundell vs Caledon Casino Hotel and Spa, Sunday Times, 15 May 2015) the employee was dismissed for two reasons: •

She distributed a R15,000.00 tip among her colleagues.

•

She allowed a colleague to take home five cans of cool drink.

The outcome of this case proves that the inability of employers to make dismissals stick is not primarily because of the law, but rather because of the lack of labour law expertise of many employers.

Feb 2018. LABOUR FORUM. Page 6

FEATURE

5 GUIDELINES FOR FIRING AN EMPLOYEE

by Gladys Mpepmba

F

IRING an employee is a messy business.

Just the thought of having to recruit, train and manage a new sales person is enough to keep some sales managers from following through with the task but holding on to a salesperson who is not performing or is disruptive to the team is guaranteed to make matters worse.

But how do you know when it’s time to say goodbye? It’s simple, according to one HR consultant: Lack of production.

Certainly performance is one criterion for firing and reps who are dishonest, selfish or disrespectful should also face the axe.

You may fear that firing a rep will cause a morale dip in the troops. After all, someone’s friend is getting shown the door. But making a tough choice can bolster the spirits of your sales squad – firing can positively affect morale because it sends a message that the company will take strong measures to ensure the success of the organization. Poor performers lower the morale of the team, and they continually break momentum and diminish the credibility of the sales manager.

Before firing, however, steps must be taken to

“...firing can positively affect morale because it sends a message that the company will take strong measures to ensure the success of the organization..”

legally protect your business. It’s crucial that the employee has been warned in advance in writing. Coaching sessions with failing salespeople will help protect you when it comes time to separate. Documentation must be developed in advance of the dismissal, and with it comes time for the employee to go, the manager should conduct an exit interview.

Though firing will never be a savoury part of a manager’s job description, its shortterm pain for long term gain. Managers have to realize that when they keep the wrong person, there is more damage to the company than just lack of production.

HOW TO FIRE A MEMBER OF STAFF

3.

Never on a Friday: If fired on a Friday, the employee can’t start the process of feeling good. All he or she can do is stew about it over the weekend

4.

Outside help: If the employee says he or she had consulted an attorney or other legal counsel, stop the conversation immediately and consult your HR department or attorney, whoever helped you craft your company policy.

Here are some firing guidelines from William Skip Miller’s Book, ProActive Sales Management: 1.

2.

Never in your office: If it is your office, can you leave if the employee wants to stay and talk.

Short and Sweet: As you walk in the door, say: The reason I am here is to tell you this is your last day of employment with this company. Just get it out.

5.

No hanging around: personal effects can be retrieved but have the person leave the building.

Image: Stafco.com AreFeatured you having challenges with discilpinary procedures, please get in touch with us.

NCS LABOUR RELATIONS & TRAINING CONSULTANTS +263 71 261 7383 / +263 712 717 708 Unit 8 Aida Court, Windsor Park, Famona, Bulawayo.Zimbabwe. www.ncslabour.co.zw

Page 7. LABOUR FORUM. Feb 2018

POL IC Y

‘Labour Act review to excite investors’

by Oliver Kazunga | Chronicle

Z

IMBABWE is likely to create an investor friendly environment through the amendment of the Labour Act, which will in turn reduce job losses in the country, an expert has said.

The Government is in the process of amending the labour law aligning it with the provisions of the new Constitution.

In an interview on the side-lines of an annual meeting on labour organised by a Bulawayo-based consultancy firm, Stratways Management Consulting, the director Mr Davies Ndumiso Sibanda said: “Generally, the picture is that there is going to be creation of investor friendly environment. The labour laws are going to be user-friendly to the investors but the trade unions may not like some of the provisions.

“For example, the contracts on employment might not be protective on the workers as they are now and the minimum conditions of service might be left of the parties in some cases,” he said.

Mr Sibanda said the review process would now provide clear guidelines and thus bringing clarity on what has been happening previously.

“Cross appeal will now address the grey

areas, which used to give parties challenges.

For example, in the past it was difficult to serve purpose on individuals who are avoiding to receive the Labour Court paper, but now the procedure is clear as they can now be served even by leaving them at the employee’s place of residence; for example, by tying them at the door,” he said.

In the past, the economy in Zimbabwe saw a number of companies scaling down operations resulting in thousands of people losing jobs.

“As the economy is yet to fully recover, we are likely to see retrenchment continuing but at a slow rate than in the previous year. The economy is likely to ride on investor confidence by the international community as a result of the new political dispensation,” he said.

Mr Sibanda said while the creation of the Special Economic Zones (SEZs) was good, there was a chance that application of the labour laws by investors in the designated areas might be visible to the disadvantage of the workers.

“This was because most investors do not like labour laws that are restrictive,” he said.

On to

the capacity of increase salaries,

companies he said:

“The issue is a mixed bag. Very few companies

“...Generally, the picture is that there is going to be creation of investor friendly environment. The labour laws are going to be user-friendly to the investors but the trade unions may not like some of the provisions...” are doing well. However, many are unlikely to give an increment as they are battling with wage arrears. Some employers are doing well but the thing is they don’t just want to pay.”

Owners of business, human resources managers, administrators and trade unionists from across different parts of the country attended the meeting.

Feb 2018. LABOUR FORUM. Page 8

L AB OU R L AW

A Closer Look At Retrenchment Procedures

by Wiriranai Mateveke

T

HE definition of “retrench” given by the Labour act Chapter 28:01 Section 2 in relation to an employee, means terminate the employee’s employment for the purpose of reducing expenditure or costs, adapting to technological change, reorganizing the undertaking in which the employee is employed, or for similar reasons and includes the termination of employment on account of closure of the enterprise in which the employee is employed.

Thus retrenchment arises in circumstances where employment is terminated not because the employee has committed misconduct but the business is; for example, economically unviable, adapting to technological change etc. It is notable also that the definition of retrenchment includes termination of employment due to closure of an enterprise.

The authorities who handle and process retrenchment applications are: the works Council, National Employment Council, Retrenchment Board and the Minister of Labour. An employer who wishes to retrench employees makes an application to the Works Council or Employment Council or in absence of both a Works Council and Employment Council to the Retrenchment Board. Stakeholders should not be confused in interpretation by the use of the words: “Give notice to above authority” by the Labour Act as it simply means “apply to”.

Section 12(c)(1) of the Act states that where an employer wishes to retrench one or more employees where there is neither a Works

Retrench (v). - Terminate the employee’s employment for the purpose of reducing expenditure or costs, adapting to technological change, reorganizing the undertaking in which the employee is employed. (Zim Labour Act 28:01 S 2)

Council nor an Employment Council in the sector, the employer gives notice of his intention to retrench to the employee or employees.

After receiving the employer’s notice to retrench the authority that is Works Council in this case, or Employment Council tries to secure an agreement between the employer and the retrenchee(s) within 30 days. It should be emphasized that the role of the authority here is to merely facilitate discussions and negotiations between the retrenches and the employer and not to impose or decide for the parties; (-see P.Chidziva and Others vs ZISCO LTD. S.C 137/9, C.A 199/96). Agreement should be secured on the need to retrench and the retrenchment package/terms. Where notice to retrench has been given directly to the employee(s) because there is no Works Council or Employment Council then negotiations are directly between the employer and the retrenchees.

Where an agreement is secured between the employer and retrenchee the authority then grants authority to retrench in form LRR2

to the employer. A copy of the approval to retrench is sent to the Retrenchment Board for information and issuance of a “Retrenchment Certificate”. The latter is required by the Zimbabwe Revenue Authority (ZIMRA) for taxation purposes. It is essential that retrenchment agreements be in writing and signed by the employer and the retrenchees.

Where there is no agreement between the employer and authorities on the need to retrench or as in most cases the retrenchment package, the case should be referred to the Retrenchment Board. The role of the Retrenchment Board (it is tripartite –i.e. composed of employers, workers and government), is to make recommendations to the Minister on how the case should be determined. The Board can make recommendations from the case record or as in most cases, hold a hearing where both parties appear before the Board for oral submissions. However a hearing is preferable as this affords the Board an opportunity to get full information on the case and indeed verify issues/submissions.

The Board the makes a recommendation to the Minister of Public Service, Labour and social welfare who determines the case by accepting the recommendation in full or with alterations. The Secretary to the Retrenchment Board then advises both the employer and employees of the Minister’s decision.

Featured Image Credit:Trinidad and Tobago Legal Rights Blog

Page 9. LABOUR FORUM. Feb 2018

EVENTS EVENTS TO LOOK FORWARD TO 1. WELFARE & EDUCATION INSTITUTIONS ONE DAY INDABA A one day workshop targeted at all those in the Welfare and Education Institutions (Mission Schools, Mission Hospitals, Independent/ Private Schools)

# Q u o t e s 4 S u c c c e s s 1.If you do not step forward, you will always remain in the same place - David Roads.

2.You cannot expect to meet the challenges of today with yesterday’s tools and expect to be in business tomorrow – Bill Gates.

16 March 2018. Cresta Churchill, Bulawayo, Zimbabwe. Time: 8.30 a.m -3.30 p.m Investment: $90.00 per person. Contact Gladys/ Lucia to register. +2639-77405, +263-71-261-7383, +263-71-271-7708

3.Don’t go through life, grow through life – Eric Butterworth.

4.Only you and you alone can change your situation. Don’t blame it on others or anyone – Leanardo Dicaprio.

2. ZITF 2018

5.Some people come in your life as a blessing. Some come in your life as lessons – Mother Theresa.

The annual multi-national expo provides a convenient trade hub for the region, and welcomes both trade and public visitors.

The ZITF extends an invitation to the local, regional and international enterprises and corporates of all sizes within the business community, to participate in ZITF 2018. The exhibition will be held from 24-28 April at the Zimbabwe International Exhibition Centre in Bulawayo.

Tuesday to Saturday, 24 – 28 April 2018. +263 (9) 884911-6 EMAIL: zitfmktg@zitf.co.zw

Register and pay to attend upcoming events from the comfort of your office or mobile phone. Simply visit the NCS Events page online. www.ncslabour.co.zw/events

Feb 2018. LABOUR FORUM. Page 10

PROFILE

The Guy Next Door: Peter Ngorima -NCS Associate Labour Consultant

A

FTER 6 years of service in the ministry of Labour, Peter Ngorima decided to join the great trek to greener pastures.

On paper, one would have thought that Peter had it all. His story in the civil service sounded like the stuff that dreams were made of.

“I joined the Ministry of labour in 2006 after graduating at the University of Zimbabwe and rose through the ranks to become the Provincial Labour Officer in just two years.”

But down in Peter’s gut, he said it felt like being “thrown into the deep end.”

Mind you, that was at the height of Zimbabwe’s economic meltdown. Retrenchments and industrial action were the order of the day.

Yet it was all on the then 24-year-old youngster to ensure sanity of the labour force in the whole of Matabeleland North and Bulawayo.

As the hardships of Zimbabwe’s hyperinflationary environment raged on, Peter decided to embark on a journey to set up his own firm.

He called it Paraclete Consulting and operates from just next door to NCS Labour Relations.

“Paraclete is Greek for advocate or helper,” said Peter.

It is such an appropriate trade name for Peter, who by virtue of being an Associate Consultant at NCS Labour Relations, stands in for the Principal Labour Consultant Gladys Mpemba when she is absent or there’s conflict of interest in a case.

“Paraclete Consulting offers training and advisory on labour matters; arbitration services; job evaluation and performance; transcription of works council meetings, disciplinary

by Tam’sanqa Mhepoh

“...In the three years that Peter has been consulting full time, he has been appointed as an Independent Arbitrator by the government and Disciplinary Authority by companies such as Group 5...” hearings and grievance meetings and drafting of codes of conduct and contracts of employment,” added Peter.

Peter said it was an honour for him to be an Associate Consultant at NCS Labour Relations because it made him grow professionally.

“I work with Gladys Mpemba and she is my role model,” Peter said. “I always try to emulate her in difficult situations because she is very professional.”

In the three years that Peter has been consulting full time, he has been appointed as an Independent Arbitrator by the government and Disciplinary Authority by companies such as Group 5 International during the rehabilitation of Plumtree - Mutare Highway.

Why the Greek name?

Peter took the unconventional route to setting up his own private practice of Labour Consulting.

Ordinarily, one leaves a full-time job to set up shop elsewhere. But Peter went back to College, to study Theology.

“I know Theology and Labour Law don’t mix,

but my curiosity to understand the bible and Christianity in general influenced my decision to study at the Theological College of Zimbabwe,” Peter said.

The Labour Consultant was a student at TCZ (Theological College of Zimbabwe) between 2012 and 2015, where he learned to read and write Greek and Hebrew before concentrating full time in Labour Consulting.

Even if Peter studied Theology but did not continue to be a pastor (he believes it’s a calling), he said that he regularly applies some concepts of Theology into his labour consulting.

“My critical approach to cases, the way I analyse sources, translation of English to vernacular and vice versa and transcription of minutes for example, are all takeaways from studying Theology.

However, Peter’s biggest takeaway from his trek to greener pastures was a spouse.

He acknowledged, with a grin on his face, “Whilst at Theological College, I met my wife, so I can say that I came out with something.”

Peter Ngorima Paraclete Consulting Unit 6 Aida Court Windsor Park, 16th Avenue Famona, Bulawayo.

Cell: 0779243889 Email:paracletebyo@gmail.com Blog: irzimbabwe.wordpress.com

Page 11. LABOUR FORUM. Feb 2018

FAQ S Welcome to the Frequently Asked Questions section or FAQ! In this section we hope to post brief Articles describing many of the issues that most frequently affect NCS clients. We will also include full manuals and information on trainings that we can provide on an as-needed basis.We have done our best to provide detailed information that you will likely need to use in your endeavour to achieve good relations with employees in your organisation. However, contact us for assistantance implementing the recommendations in this section. We will continue to develop this section as new questions and/or solutions arise. You may want to bookmark this page and check back whenever you run into problems.

Is the employer superior to the employee?

When an employee is castigated for “biting the hand that feeds him” one might ask whose hand feeds who? Does the employer’s hand feed the employee? Or does the employee’s hand feed the employer? Or do the two parties not collaborate with each other in creating value that sustains both?

An employer who is of the opinion that his hand feeds his employees is likely at best to be paternalistic and at worst to be authoritarian.

While an employee who believes his hand feeds his employer is likely to be a source of conflict rather than co-operation.

When the parties recognize, as they should, that together in collaboration they create the profits from which wages and dividends are paid, then their relationship is likely to be co-operative than divisive.

Refer: Medical Investments (Pvt) Ltd t/a The Avenues Clinic vs. Mary Adam Phiri SC 266/1996.

If after a long and expensive recruitment and selection process, a new appointment backs out of the deal before actually starting work, what does the employer do?

This usually happens because the person gets a better offer from another company. It can also happen because the previous employer when confronted with a letter of resignation decides it does not want to lose the employee and offers an increase or other incentive for the employee to stay on.

Some employees back out of an agreement even where they have signed employment contracts with the new employer. A job

applicant becomes an employee once they have accepted the prospective employer’s job offer and not once they have started working.

This acceptance effectively creates a contract even if it is not in writing although if there is a dispute, the employer is in a stronger position if there is a signed contract. This binding employment contract means the employee will be in breach if they change their mind and decide to stay with their old employer or to accept a job elsewhere.

A party who suffers loss as a result of a breach of contract can choose either to hold the other party to the contract or accept the repudiation of the contract and claim damages. If claiming damages, the employer has to show what loss he has suffered as a result of the breach. This could be, for example, the costs of advertising the position again and hiring a temp to fill the position.

Many employers, when weighing up the damages they may be able to claim against the cost and hassle of doing so, could conclude that a lawsuit is not worthwhile.

If employers find it is becoming a more frequent occurrence that employees they recruit back out of the contract before even starting work, it may be necessary to take some of these people to court to provide a deterrent against this sort of thing.

If an employee does not disclose certain information at interview and the employer gets to know about it later, can the contract be terminated?

The courts hold that it is permissible to seek discharge of the employee on the basis of non–disclosure. This would be considered an act inconsistent with an implied condition of

his contract of employment. There is need for properly recorded selection procedures from the time of a written application to the interview up to the time of engagement so that if something material is not disclosed, it can be proved.

Also, fraud committed in order to secure employment may render the employment contract invalid in which case an employee who has been dismissed will have no basis for any complaint against the employer.

The effect of misrepresentation, whether innocent or fraudulent, may be to induce in the mind of the innocent party a mistake of so fundamental a nature that his apparent assent to the contract is in truth not assent at all. In such a case, for lack of assent there is no agreement and therefore no contract.

Refer: Mirirai Zata and Others vs. Harare City Council SC 74/99.

Where an employee has taken up a job in a higher grade and fails to successfully complete the probation period, does the employee revert to the former position or have the contract of employment terminated?

By accepting a new job, an employee “burns his boats”, well knowing that his original post will be filled and therefore there will be no going back because he will be in a new contract unless the employer has so specified that the employee will go back to his original post.

Refer: Rebecca Sibanda vs. Field Management Services SC 74/1995.

You can ask NCS Labour Consultants a question using the contact form on the home page of our website.

Alternatively, head to our Facebook / Twitter account and send us a message directly. Better yet, you can ask your question using the form on this newsletter We will treat all issues and your identity with due confidence.

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Feb 2018. LABOUR FORUM. Page 12

THE PULSE

Your Story Matters ...

At NCS Labour Relations and Training Consultants, clients are our number one priority. We are proud to work with some of Zimbabwe’s best known brands.

Have a look at some of the organisations we work with and hear what they have to say about our services.

M

orven Mine is a small to medium sized mine and has been a going concern for some 40 years. The majority of our labour was permanent, long service employees.

A few years back, due to the lack of production and escalating costs we found it necessary to retrench some of our employees.

We found that the information that we were being given was very confusing, along with the impossible task of trying to decipher the Labour Acts, with the addition of Bargaining Agreements and many other legal documents being thrown into the mix.

Also, the Unions, who can often be very intimidating to the employer who is not fully versed in the complete labour law system, were quite difficult to handle. This is when we first engaged NCS to facilitate the retrenchments on our behalf.

Once again, this year, we found ourselves in a similar if not worse position. We did not hesitate to contact Gladys Mpemba of NCS Labour Consultants. She dealt with all negotiations with the Workers Committee, the NEC officials, the Unions and all other interested parties, to facilitate the retrenchment of the whole of our labour compliment.

This was achieved with utmost integrity and efficiency.

On every occasion that we have dealt with NCS we have found Mrs Mpemba and Lucia to be most professional, and their knowledge on labour issues is vast.

They are pleasantly accommodating and have always been available to meet to discuss the smallest issues that may arise. It is a pleasure to deal with expert knowledge like this, on the very often, confusing intricacies of our labour laws.

It is our experience, that with the assistance of NCS, a fair outcome for both the employer and the employee is always the result.

- J.E. HARRIS t/a MORVEN MINE PROPRIETOR

Our Landline Number +263-9-75237 is now on WhatsApp. Save it and reach out to NCS Labour. Yes Landline Number! Call or WhatsApp +263-9-75237