L A B O U R FORUM ISSUE 5 October 2017 www.ncslabour.co.zw
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PROFILE
EMPLOYER EXTRAORDINAIRE:PETER LEONDIOS
October 2017. LABOUR FORUM. Page 2
EDITORIAL October 2017 CONTENTS Editorial ....................... Page 2
O
A note from Gladys
bligation, express or implied, characterises all of our relations with our employees. Failure to fulfill these obligations in one way or another usually results in labour disputes which cost a lot of money and time.
News ............................ Page 4 Trending Issue ............ Page 5 Labour Law ............... Page 7
In this issue, we give you just 3 of these contractual obligations that you ought to be mindful of as an employer.
Policy ............................ Page 8 Events ....................... Page 9
Also in this edition of the Labour Forum, you will find out why there is now a global commission on the future of work. I hope you will enjoy this article as well as some of the ones we curated from the press this month.
FAQ’s .......................... Page 11 The Pulse .................. Page 12
Happy reading. Your feedback on this particular issue and preceeding ones is most welcome.
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)
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.
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 Tyrres. 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 Contributors Wiriranai Mateveke 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 ON THE COVER: PETER LEONDIOS - DIRECTOR: TOWNSHEND & BUTCHER
Congrats Gladys and team- very well presented and informative.- Anne Middleton -ER York.
GET YOURSELF AHEAD
WITH NCS LABOUR RELATIONS PUBLICATIONS
Disciplinary Procedures & DIY – Guiding Court Contracts of employment. Cases. (Standard Proce- (Drafting of dures Applicable contract documents and job to All Codes) descriptions) $30.00. $30.00.
ONUS – He who Labour Act alleges must (Chapter 28:01). prove. Updated to incorporate all (A guide to proving 26 serious amendments as offences) at 2nd March $30.00. 2007. $25.00.
Interested? Contact Gladys or Lucia on 0712 617 383 or 0712 717 708 e- mail: ncslabour@gmail.com
Retrenchment Procedures Handbook. (A practical guide) $45.00.
NCS Labour Relations Consultants Unit 8 Aida Court, Windsor Park, 16th Ave, Famona, P.O. Box 215, BULAWAYO.
Page 3. LABOUR FORUM. October 2017
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
“...A perfect destination for family and business..� 4 Lois Lane, Eloana, Bulawayo, Zimbabwe. Reservations: +263-9-77405 / : +263-77-554-5983 www.retreatlodge.co.zw
October 2017. LABOUR FORUM. Page 4
NEWS BCC WORKERS REJECT SALARY CUT
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ULAWAYO City Council employees have rejected the local authority’s decision to cut salaries and staff by 20% to reduce labour costs. The decision followed a recommendation by human resources consultants, MBB (Pvt) Ltd, recently hired by council to conduct a job evaluation exercise.
L A B O U R FORUM ISSUE 5 October 2017 www.ncslabour.co.zw
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@ncslabour on Facebook and Twitter
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The recommendations were tabled during a special council meeting and were unanimously endorsed by the councillors and town clerk Christopher Dube. Council said it planned to reduce its workforce from 5 071 to 4 082. However, Zimbabwe Urban Councils Workers’ Union (Zucwu) Bulawayo branch secretary Nomathemba Sibanda shot down the proposal, arguing that they should have been consulted before the decision was made-Bulawayo24News.
AVIAN FLU HITS IRVINE’S HARD-JOBS LOST
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imbabwe’s largest poultry and table eggs producer - Irvine’s - has been hard hit by the ravaging Avian Flu outbreak, with the company cutting working hours and terminating contracts for some employees. The company told the Daily News that while it has taken “ all possible measures “ to preserve jobs, the crisis “has had a negative impact on our turnover and profitability.” Early this year , Zimbabwe was rocked by the highly pathogenic Avian Flu , which almost decimated the country ‘s poultry industry , as hundreds of thousands of birds were condemned. According to reportage by the Financial Gazette the outbreak cost Irvine’s US$7,3 million in May this year. - Daily News.
NEC CLOTHING INDUSTRY REDUCES LEVVIES
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t a meeting of the NEC Finance and Audit Committee held in Harare, on 25th September 2017, it was resolved to reduce levies paid to the NEC as follows: (a) 2% by employee. (b) 2% by employer. (c) Effective date is 1st October 2017. Furthermore, from 1st October 2017, companies with outstanding levies of 3 months will have commercial means applied on them to recover such outstanding amounts.
PROFILE
EMPLOYER EXTRAORDINAIRE:PETER LEONDIOS 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. October 2017
T R E N DING IS SU E
3 CONTRACTUAL OBLIGATIONS EVERY EMPLOYER MUST FULFILL By Gladys Mpemba
The employment relationship is reciprocal. When parties conclude an employment contract they each incur certain rights and obligations. The contract of employment bears both express and a heavy load of implied terms. These implied terms impose duties on the parties which must be discharged even if they have not expressly agreed to them. Failure by either party to discharge these duties has always been regarded as a breach of the employment contract, justifying termination by the innocent party and a claim for damages or an order compelling the guilty party to comply with the contract.
1. To receive the employee into service
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he employer’s obligation to receive the employee into service is the corollary of the employee’s duty to enter and remain in service. Service is a prerequisite for remuneration under the employment contract; if the employer refuses to accept an employee’s tender of service, it commits a serious breach of the employment contract. The duty to receive employees into service does not mean that employers must necessarily provide employees with work to keep them busy. While it may seem unlikely that an employer would pay employees and not give them work, cases show that this does occasionally occur. A duty to provide work may also arise where the employer has contracted to train the employee in a particular profession or trade, as in the case, for example of articled clerks and apprentices. Since the contract of employment is personal in the sense that the personalities of the par-
1. To receive the employee into ment of a reasonable sum according to the custom and practice of the industry and locality. service, 2. To pay the employee’s remuneration, 3. To ensure safe working 3. To ensure that working conditions conditions are safe and healthy. ties are material, it cannot be assigned by the employer without the consent of the employee. This means that one employer cannot compel an employee to work for another if the employer has no work for him or her unless the business is transferred as a going concern.
2. To remunerate the employee
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he payment of remuneration by employers in return for the performance by employees of their duties is so fundamental to the employment contract that the courts will assume, where there has been no agreement on remuneration, either that the contract is not a contract of employment or that the parties impliedly intended the pay-
U
nder the common law, employees are obliged to provide their employees with reasonably safe and health working conditions. The scope of this duty extends to providing proper machinery and equipment, properly trained and competent supervisory staff and a safe system of working. If the employer fails to meet this obligation, affected employees are not in breach of contract if they refuse to work until the dangerous situation is corrected. If you’re having trouble with contractual obligations 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
October 2017. LABOUR FORUM. Page 6
FEATURE
THE FUTURE OF WORK IS COMING – AND WE NEED TO FIND A GLOBAL SOLUTION
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o generate ideas and solutions for addressing these fundamental work-related challenges, we have agreed to co-chair the new Global Commission on the Future of Work launched today by the International Labour Organisation. It is our belief that work is the foundation for people and societies to grow. With a decent income, work can pave the way for broader social and economic advancement, strengthening individuals, their families and communities. Yet technology, demography, climate change and globalisation are transforming work more quickly, more profoundly and on a greater scale than ever before. These changes have great potential, but we also face many uncertainties about the future of work. The fear that while some may benefit greatly from these sweeping changes, many will not, has become a major concern – not least at a time when so many countries are facing high unemployment. And if too many people worry that they are being left behind and that our societies are no longer capable of delivering positive change, there is a strong chance that disruptive forces will undermine growth and destabilise social and political harmony. Indeed, the tendency that we are witnessing a shift towards populist thinking is one of the key challenges of our time.
by Ameenah Gurib-Fakim & Stefan Löfven
“...technology, demography, climate change and globalisation are transforming work more quickly, more profoundly and on a greater scale than ever before...” Therefore, we need to support the job-creating potential of the shift to environmental sustainability and a fair and open world trading system, founded on strong values of rights, freedom and solidarity. Globalisation must benefit all. Only people who feel safe in the present can welcome an uncertain future. Rather than adopting a wait-and-see approach, we must think seriously about the future of work that we want and how to get there. The future is not pre-determined and can be influenced by the societal choices and policies that we make today. To generate ideas and solutions for addressing these fundamental work-related challenges, we have agreed to co-chair the new Global Commission on the Future of Work launched today by the International Labour Organisation (ILO). This Commission, which is part of the ILO’s Future of Work initiative, brings together eminent thinkers and practitioners from around the world. It will report to the ILO’s member states in 2019.
This initiative is, indeed, a truly global effort – more than 100 countries have held national dialogues, with governments, employers and workers, to elaborate on approaches to meet the future challenges in the labour market. The contribution of the Commission will also be an important part of the follow-up to the landmark 2030 Agenda on Sustainable Development. Goal eight, in particular, entails promoting inclusive and sustainable economic growth, full and productive employment, and decent work for all. For almost a century, the ILO has made a significant contribution to making the world of work a much better place. It has done this by bringing together representatives of governments, workers and employers to promote social justice. By recognising that the future of work is ours to create, rather than one imposed by forces which we are powerless to control, we are convinced that the future holds a powerful message of hope. We are committed to leading this Global Commission in that spirit, and to focus on concrete solutions, policy advice and best practices, with the goal of making the future of work, a future that includes everyone. Ameenah Gurib-Fakim is President of the Republic of Mauritius and Stefan Löfven is Prime Minister of Sweden - The Independent
Page 7. LABOUR FORUM. October 2017
L A B OU R L AW
THE LAW AND RETIREMENT by Ndumiso Davies Sibanda
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HERE have been many disputes related to retirement with workers wanting to remain in employment and employers demanding that workers should leave. The Labour Act Chapter 28:01 is silent on retirement date as it leaves the decision on retirement to individual employers and National Employment Councils. This means each employer must clearly state when his employees will have to retire. There has been a misconception that pensionable age and retirement date are the same. This is wrong as it is only so when the employer has stated so as is the case with the Mining Industry where the retirement coincides with pensionable age of 60 years. There are industries and organisations where for years retirement age has been set to be guided by the Pensions Act and related regulations, there is nothing wrong with that and workers who reach the pensionable age have to be terminated. Where the retirement age is known to all employees there is no requirement to give notice of intention to retire as the employees know.
“...Unless the retirement age is protected by contractual agreement or collective bargaining agreement, the employer reserves the right to vary the retirement age...” However, it is good practice at least three months before the end of the contract to advise the employee of retirement. Some workers have claimed three months’ notice prior to retirement. In my reading of the law, there is a difference between notice given to terminate an employee’s contract in terms of Section 12 of the Labour Act Chapter 28:01 and retirement. In my view, retirement date is a fixed date usually based on the employee’s age and as such once the employee reaches that age he or she must leave employment and there is no requirement for notice unless it is provided for in the employment contract or collective bargaining agreement. Custom and practice in Zimbabwe has been to link retirement age to pensionable age of
55 years for early retirement, 60 years for hard jobs like mining and 65 years for softer jobs and many factory workers. Unless the retirement age is protected by contractual agreement or collective bargaining agreement, the employer reserves the right to vary the retirement age. He, however, has to do it in a legal manner where it is contractual or covered by collective bargaining agreement. Workers on their part have to prepare for retirement so that when the time comes they have adequate means to look after themselves. The world today however has given a new look to retirement age and in a number of professions and trades individuals above 65 years have a wealth of information and experience that is critical for moving forward thus in areas such as engineering, mining and finance some of the top consultants are above 65 years. In conclusion retirement dates must be known and kept so as to avoid inconveniences and disputes when one has to retire.- Chronicle.
October 2017. LABOUR FORUM. Page 8
POLICY
THE RULING OFFICER’S DILEMMA (Part 2) by Wiriranai Mateveke
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he ruling officer is often subjected to intricate situations that make his job a bit complex. One such scenario came about as a result of different schools of thought in relation to matters in dispute vis a vis the court interpretations. As a result of the foregoing, I got to understand that the law is not merely what is written down in the Acts, but how it is interpreted. A person who commits misconduct brings about the early termination of his contract of employment. Such a person cannot therefore benefit from their own wrongdoing and be rewarded with a package. In my own view, the action of rewarding an employee who has rendered his employment terminable is unreasonable in that it reinforces a vice into attaining motivation. In psychology, any behaviour that derives motivation is often repeated. Once employees know that misconduct is rewarding, they would obviously make a cost benefit analysis and commit a dismissible offence and go on to expect some reward by way of compensation. The gratuity provided for in the Collective Bargaining Agreement might appear as an unattractive package in the eye of an employee who already has an intention to resign from employment. The employee may realise that resignation on its own serves to waive some of the benefits that go with termination. It is at this instance that the employee might consider committing a dismissible offence so that when eventually terminated he/she can claim the minimum package of one month’s salary for every year served. If the provisions of the Act are not analysed closely and critically, the employers might suffer at the hands of the employees extortionist tendencies or is it as a
“... the duty of the Judicial Officers is not to craft their own legislation but interpret what has been provided for them. Theirs is to apply the law, good or bad...” result of the available bad law. My case of cognitive dissonance arises from a situation where the available legislation poses a challenge to the ruling authority, the issue here is that, what sounds logical might not necessarily be legal. In my own view, before I am clothed with the adjudicating authority; the above arguments make a lot of sense in so far as they are logical. My dilemma is when I am presented with a judgement from a superior court that has the effect of upholding the unionist view that employees should be paid a retrenchment package in terms of Section 12(4a) and 12C(2) respectively. In December 2016, in Labour Court Case No LC/H/787/2016, Honourable Judge Maxwell handed down an order in a matter pitting Juvanna Take Aways (pvt)Ltd versus Florence Chinyowa. In her order, Judge Maxwell stated that Section 12(4a)(a) was clear and unambiguous. It incorporates cases involving dismissal due to disciplinary proceedings for compensation. The Judge was responding to the claimant’s counsel who argued in heads of argument that the legislature could not have intended that an employee who gets dismissed for misconduct or incompetency be entitled to compensation for loss of employment when in actual fact
such loss of employment would have been occasioned by themselves. In justifying her decision, Judge Maxwell made reference to S vs Takaendesa 1972(1) ZLR BEADLE CJ from which she drew the golden rule on the interpretation of statutes, the quotation goes as follows: “Where, by the use of clear and unequivocal language capable of only one meaning anything is enacted by the legislature, it must be enforced however harsh or absurd or contrary to common sense the result may be….. The duty of the court is to expand the law as it stands, and to ‘leave the remedy (if one be resolved upon) to others’.” What the above essentially means is that the duty of the Judicial Officers is not to craft their own legislation but interpret what has been provided for them. Theirs is to apply the law, good or bad law. The issue is for the legislators to revisit the available law and perfect it much to the satisfaction of both parties in Industrial Relations. The other issue is that once a superior court has handed down a court order on any labour matter, the labour tribunals and any other subordinate courts are, without doubt, bound by the decisions of that Superior Court, however, illogical or absurd they might appear. The law is the law not because it is fair or logical, but because it is simply what it is. It is the law so far as it has been interpreted by the courts, not because of how one sees it written. Read the full article at ncslabour.co.zw/blog.
Page 9. LABOUR FORUM. October 2017
EVENTS EVENTS TO LOOK FORWARD TO 1. The Global Leadership Summit Byo
A two day event videocast in HD to hundreds of locations globally. The Summit takes place at 775+ sites in 128 countries around the world and is translated into 69 languages. On 10 & 11 November 2017 @Holiday Inn– Bulawayo Investment: Early Bird registration: $25.00. Regular registration: $30.00. Bookings - 23, Galway Rd, Famona, Bulawayo Telephone: + 263-9-880119, 0772 231 027. Directions to the venue on the map below.
# Q u o t e s 4 S u c c c e s s “What you do has far greater impact than what you say.”- Steven Covey. “The challenge of leadership is to be strong, but not rude; be kind, but not weak; be bold, but not bully; be thoughtful, but not lazy; be humble, but not timid; be proud, but not arrogant; have humor, but without folly.” -Jim Rohn. “Outstanding leaders go out of their way to boost the self-esteem of their personnel. If people believe in themselves, it’s amazing what they can accomplish.”. - Sam Walton. “The key to successful leadership today is influence, not authority.” - Ken Blanchard. “Take criticism seriously, but not personally. If there is truth or merit in the criticism, try to learn from it. Otherwise, let it roll right off you.”- Hilary Clinton.
3. 201 7 SANORD CONFERENCE
The Role of Universities In Research & Knowledge Transfer To Improve The Livelihoods In Southern Africa. The Southern African – Nordic Centre (SANORD) is a non-profit, membership organisation of institutions of higher education and research, committed to advancing strategic and multilateral academic collaboration between institutions. 28 November - 1 December 2017 Elephant Hills, Victoria Falls, Zimbabwe Registration: + 263-9-286670, +263-9-284404 sanord2017@nust.ac.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.wordpress.com/events
October 2017. LABOUR FORUM. Page 10
PROFILE
Peter Leondios: An employer extraordinaire by Tam’sanqa Mhepoh Peter Leondios with some of his employees at the Townshend and Butchher shop along Jason Moyo in Bulawayo.
P
eter Leondios is the man behind some of Matabeleland’s finest brands.
Townshend and Butcher, The Beitbridge Inn, Royal Sunflower and Canella are sheer testimony of the 72 year old’s entrepreneurial finesse.
“.. Peter Leondios is a model employer who cares about the welfare of his workers ..” In 1966, Leondios moved to Kezi and opened a small shop Antelope Mine.
I have observed that Peter (Leondios ) has built businesses on positive relationships with associates,” Sibanda said. I’ve learned that whilst working here and could use the exposure that I’ve gained to also start something of my own.” Leondios reiterated that his only secret to keeping employees happy was nothing more than treating them well.
But a chain of business ventures is perhaps not as striking as Leondios’ generosity, affection for the community and very low profile.
He was just 21 and vividly recalls the hustle of setting up an enterprise.
For 60 years, Townshend and Butcher Sports shop has sponsored the Bulawayo Amateur Football Association (Bafa) League.
“Starting single-handedly wasn’t easy. It was a mountain to climb, ” said Leondios. “I was under capitalised, but managed to pull through.”
“They are happy because we look after them,” revealed Leondios. “We teach them, encourage to be their best and even become a part of their family too.”
“I’m doing this out of passion for the community and football as well,” said Mr Leondios. “ When I bought this company from Mr Townshend in 1986, he had been sponsoring Bafa for 29 years, and with me it’s 31 years now.”
Peter Leondios the employer. Leondios’ employees are also proud of him and draw inspiration from his generosity.
Leondios encouraged other businessman to be steadfast in business even if times are tough.
Mr Leondios is not only bankrolling the Bafa League, but also supports the Zimbabwe Republic Police’s football tournaments too. “Like any other Greek boy, I grew up playing football,” Mr Leondios said. “I love the sport,” he added. Leondios was born in Cyprus and settled in Bindura with his parents in 1957.
Gilbert Gumpo who has been working at Townshend and Butcher for more than 3 years said he was inspired by that his employer gives to the disadvantaged every Friday. “I will not disclose how much he gives to the scores of people that que outside our shop every Friday, but trust me, the man is generous beyond measure,” Gumpo said. A sales rep at Townshend and Butcher, Brightness Sibanda added that Leondis also extends his affection to them(employees).
Principal Labour Consultant at NCS, Gladys Mpemba said that Peter Leondios is a model employer who cares about the welfare of his workers. “He really is a fair person who gives all of his employees what they deserve,” said Gladys.
Page 11. LABOUR FORUM. October 2017
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 assistance in 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.
W
hat is a labour dispute and the difference between dispute of right and dispute of interest?
A labour dispute may be defined as a continued disagreement between employers and employees or their unions as regards any matter of common interest, any work-related factors affecting their relationship or any processes and structures established to maintain such relationship. Thus, disputes may arise from failure to agree to the establishment of a relationship, disagreement regarding procedures to be adopted, failure to agree on terms and conditions of the employment, failure to abide by the terms of an agreement, negation of the rights of either side, poor treatment of one party by the other or any other actions or occurrence which would negatively influence the relationship. The mere raising of a demand or a grievance which also entails disagreement does not signify the existence of a Labour dispute. A dispute will arise only if there is no final agreement on a demand or if a grievance is not settled in a manner satisfactory to both parties. In certain instances, disputes may be declared without any prior negotiation having occurred but generally a dispute is declared only after attempts at negotiation have failed. As such, a dispute or declaration of a dispute is integral to the collective bargaining or negotiation process. Dispute of right This is a right to which a party is entitled by law, by contract, by agreement or by established practice. In the Labour rela-
tionship, rights are ensured by common law, by statutory labour legislation, by the contract of employment, by legally enforceable agreements and by customary practices at the place of work. Disputes of right are usually not subject to negotiation. The achievement of rights may be effected by negotiation but once a right has been established, its transgression constitutes a civil or criminal offence. A dispute of right is therefore, settled by legal adjudication or arbitration. Dispute of interest. This is an interest to which a party is not yet entitled but to which the party would like to become entitled. Whether the party achieves their objective or not will depend on whether he can persuade the other party to grant the concessions sought.Thus, interests are subject to collective bargaining or negotiation. Once agreement has been reached, the interest sought may become a right. Any matter causing conflict between employer and employee and not regulated by law, agreement or custom can give rise to a dispute of interest.
ployer) commits an unfair labour practice if he bargains collectively or otherwise deals with another trade union where a registered trade union representing his employees exists. However, section 30 of the Labour Act outlines restrictions against unregistered trade unions that: They can not make any representations in the Labour Court. They can not be assisted by a labour officer or designated agent of any employment council. They can not form or be represented on any employment council. They can not recommend collective job action. They have no right to access to employees conferred by section 7(2) of the Labour Act. They can not levy, collect or recover union dues by means of a check off scheme. Section 53 specifies the restrictions on payment of union dues by employers that union dues should only be paid to registered trade unions except with the consent of the Minister, to unregistered trade unions. Refer: (i) Section 30 & 53 of the Labour Act. (ii)ALB and GAPWUZ vs. ZAIWA SC 126/1998.
Refer: (i) Chisipiti School Trust (Pvt) Ltd vs. Clarke. SC 112/1999. (ii) Hama vs. National Railways of Zimbabwe SC 96/1996.
C
an an employer deal with an unregistered trade union?
An employer can deal with such unregistered trade union but taking heed of section 8 (f) of the Labour Act that he (em-
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. Let’s go...
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October 2017. 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
ary Ellen is a row crop farm. We have 365 ha under pivot irrigation.
We grow maize, seed maize and soya beans in the summer and wheat in the winter. Because of ongoing development and the approx 100ha of seed maize that we grow annually we have a labour force of up to 240 at peak periods. Labour requirements fluctuate depending on the time of year. This means that the bulk of our labour is either seasonal or fixed term contract employees. This creates a problem in the amount of records that have to be kept and monitored regularly to see who contract is expiring and who needs to have a new contract. Mistakes and oversights are inevitable. Labour regulations are not employer friendly. They have been crafted by employees (Gvt employees who are protecting their own jobs) for employees though in many case they are short sighted and actually don’t encourage employers to employ. The regulations are complex and sometimes ambiguous and open to misinterpretation, especially by labour unions. Many employers find reading, understanding and implementing the regs onerous, time consuming and stressful. As a result many employees are employed in a misguided fashion without a clear understanding of what the employer and employee are entitled to. Employers tend to let sleeping dogs lie until the time that the relationship turns sour. That is when the problems start. Most employers find dealing
with (sometimes militant) labour union officials stressful. Especially when the employer has unwittingly broken the law in terms of the labour act. It is at times like this that one needs to turn to the expert. The people who are well versed in the law and are used to resolving what is often a conflictual situation. Enter NCS. I have been fortunate to have engaged the services of Gladys Mpemba on quite a few occasions to resolve labour matters. One case in particular involved the Ministry of labour (who gave an incorrect ruling that would have cost me a lot of money), Gladys took the matter to the Labour court and had the ruling overturned. Labour today are very aware of their rights, and so are the Unions who either, are not fully conversant with labour law, or prepared to “push the boundaries” in order to settle on behalf of the employee thereby ensuring a generous portion of the settlement themselves. I don’t believe any large employer of labour can do with out being able to call on the services of a labour consultant today. The advice and help that I have had from NCS has been second to none and I consider myself fortunate to be able to call on their service. Consultants like NCS aren’t cheap, but what price does one put on relieving the stressful nature of labour conflict? Peter Evans, General Manager, Mary Ellen farm