Labour Forum. September 2017 by NCS Labour and Training Consultants

LABOUR FORUM ISSUE 4 September 2017 www.ncslabour.co.zw

@nsclabour on Facebook and Twitter

07 law 10PROFILE 05

feature

Policy

HOW TO MAKE CHANGES TO AN EMPLOYMENT CONTRACT

Sept 2017. LABOUR FORUM.Page 2

EDITORIAL ISSUE 3: September 2017

A note from Gladys

CONTENTS Editorial ....................... Page 2

News ............................ Page 4

pring is upon us and so is a colorful edition of the Labour Forum.

The fourth edition of our newsletter is filled with an array of tips from productivity in office to safety when using gas appliances.

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

However, the main focus of this edition is how to make changes to an employment contract. The fickle nature of business, particularly in an economy like Zimbabwe’s means that you have to continuously tweak your strategy to stay viable. Have a look at that article on page 8.

Policy ............................ Page 8 Events ....................... Page 9 FAQ’s .......................... Page 11 The Pulse .................. Page 12

If you have ever wondered how it is like to be a ruling a officer, then our feature article will immerse you through the dilemma of applying law even when it seems unfair.

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)

Please continue to give us your feedback. Pleasant reading! 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.

Well done Gladys and Team,Congratulations on a very informative newsletter. So appreciate the giving back to the community that you are doing. LES ROSS, PRINCIPAL, Girls’ College Bulawayo Hi Gladys So well put together and very informative----- Thank you for the hard work Esme, Byo Abattoirs Thanks. Well done! Send me issues when they come out T Nyathi

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

FEATURED: Mr and Mrs Dhliwayo - Shell Gas Centre

Hi, This is a very good newsletter. It must have taken you a lot of time to put together. Well done.Great newsletter - not sure where the idea came from !!!!!!! B L NKOMO Lloyd Corporate Capital (Private) Limited

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. Sept 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 Training

Arbitration

Policy drafting

Retreat Lodge & Conference Centre

â&#x20AC;&#x153;...A Perfect destination for family & business...â&#x20AC;? 4 Lois Lane, Eloana, Bulawayo, Zimbabwe Reservation line: +263-9-77405 | +263-9-242181 | +263-77-554-5983 www.retreatlodge.co.zw

Sept 2017. LABOUR FORUM.Page 4

NEWS TRANSPORT

ection 28 of S.I. 26 of 2017 is on Exemptions that the Council may, in its sole discretion and upon such terms and conditions as it may determine, grant exemption, in writing from any of the provisions of the CBA or other agreement(s) to an employer or employee.

Applications for exemption shall be made in writing to the Council giving reasons thereof. Any such exemption granted may be withdrawn by the Council, at any time in its sole discretion.

WELFARE & EDUCATIONAL INSTITUTIONS

ection 22 of S.I. 102 of 2014 is on vacation leave and of interest is the following subsection: (2) An employee shall accrue vacation leave of two and half calendar days for each completed month of service. (3) Any portion of a month shall be regarded as full month. (4) An employee may accumulate va-

AGRICULTURE

.I. 116 of 2014 being the Collective Bargaining Agreement for the Agricultural Industry has in it the Code of Conduct which outlines in the seventh schedule on page 1050 second paragraph that: The farm village is very much part of the overall premises and offences such as disorderly behavior etc are just as serious when committed in the village. Interfering with the families, houses, and possessions of other workers should justify instant dismissal.

cation leave in excess of ninety (90) working days only with the consent of the employer. (5) An employee in his or her first year of employment shall accumulate normal vacation leave but shall not go on such leave during that first year, except with the consent of the employer.

This Code however, is not intended to cover situations arising out of minor domestic and personal issues and shall only be applicable to the employees in the enterprise, farm or estate. For an agricultural enterprise, estate or farm to operate efficiently, it is essential that discipline is exercised at the workplace and in the farm village. To achieve this, a set of rules (Code of Conduct) shall be introduced and everyone shall be made aware of the penalties, for breaching any of these rules.

TOURISM

ector I (Leisure Sector) means without in any way limiting the ordinary meaning of the expression, those activities in which employers and employees are engaged in offering any services, in art galleries, bird watching safaris, boat cruises, travel, tours and booking agents, bungee jump, canoeing safaris, crocodile attractions, cultural tours, elephant back salaries, ferries and fright game drive safaris (game viewing), gorge swing safaris, helicopter flights, horse trails/rides, house boat safaris, jet boat safaris, kayaking safaris, lion walk safaris, museum and monuments, river boarding, sport fishing safaris, sunset cruises, tours and transfers, village

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)

tours and white water rafting safaris. Sector II (Conservancies, Safari Operators and Natural Resources Preservation) means without in any way limiting the meaning of the expression, those activities in which employers and employees are engaged in offering the services in anti-poaching units, campfire facilities, conservancies and sanctuaries, conservation and botanical management game capture and translocation, game farming, game parks, photographic safaris, safari camps, safari lodged, snake parks, sport hunting, water parks, wilderness trekking and wildlife management.

Gladys Mpemba (Principal Consultant)

Lucia Murumbi (Administrator)

Godfrey Makasva (Office Assistant)

Page 5.LABOUR FORUM. Sept 2017

T R E N DING IS SU E 7 WAYS TO MAXIMIZE WORKPLACE PRODUCTIVITY by Rob Rankin. Founder and co-owner of HRadvice.co.za.

1.Identify key performance areas

he main issue here is the expectation gap – you may be working really hard on areas that you feel are important, but the reality may be very different. Set aside to consider the four main things that you believe are the core elements of your job. Conversely, if you are managing staff, ask them what they believe are the essential elements of their job-don’t tell them. You may be surprised what you discover and it may well explain why certain areas don’t seem to be covered; that’s the expectation gap. 2.Tackle priorities There may be a crisis culture in your company, or maybe you create it. Perhaps there is currently no plan other than what heads your way or who shouts loudest. Test whether what you are doing makes a real difference to the business; is it one of your job priorities; what would happen if you left it for a day (or altogether!)?

a much more useful way to gather information than making statements and expecting solutions. Maybe it’s time to set boundaries. Business owners are serious culprits in this area. If you work more than 10 hours a day, there is a diminishing return. When does your laptop switch off? When do you stop taking business (or other) calls? When do you make time for family, sport, exercise? Set a daily/weekly/ monthly finish time and ask someone to make sure you stick to this. Have you set an hour to do something just for yourself?

Perhaps no one can do the task as well as you. What is the company standard and what is yours? Are you spending time on giving specifics to the decimal point when all that you are being for is ball park figures?

4.Shake things up

6.Difficulty of work

Boredom is synonymous with routine. Shake it up. If you find your work environment ordinary, start making changes. Get a plant or a goldfish, move your desk, paint the wall, get

Sometimes our productivity dips because we don’t have the necessary skills or experience. It’s tough to realize this and we may fear the consequences. Recognise your limitations and source people who can help. You are probably not the first person to face this particular challenge. Is there an organization you can join of like-minded or industry specific individuals, or a network of business owners, a professional body, tertiary learning institutions or perhaps a colleague or a manager who can offer assistance? If you sincerely ask for advice, people will seldom reject you.

Is your life driven by your email inbox? Set your calendar as the default and rather plan times in the day to focus on answering e-mail, attending to priority tasks etc. We often choose to do things we like rather than the things that are priority. When we were young, we knew that we had to finish our homework before we could watch TV or play; finish our food before we could have dessert. Tackle the tough, essential tasks first, then reward yourself with the balance of the day to do things you like. If you start the other way around, you will always have the heavy staff sitting in the back of your mine stifling the fun you are presently doing, so you may as well get to the priorities. If you need structure and discipline, question whether there is any consequence or reward for you regarding your priorities? If not, set some. 3.Get the workload right Are you overworked? Why? Is there someone you can ask to assist you? Asking questions is

Are you doing work that should be done by someone at a lower cost per hour? Are you cheating someone out of a growth opportunity because you won’t take the time to mentor them? There is an amazing freedom and satisfaction in learning the skill of delegation. Try it.

7.Get the attitude right How often do we hear; I would rather work with someone with a good attitude, even if they don’t have all the skills. A bad attitude is a disease that gnaws at business. Address it early by taking the person aside, expressing your observations, setting the standards of what is acceptable and offering assistance/resources to get back on track. some daylight. Set project goals. These must be something you can get your teeth into that will allow you to grow and help the company. Set development goals – what can you learn in the next six months? Are there short (or longer) courses you can study? Is someone going on leave and are there things they do that you might learn from? 5.Learn to delegate

Recognise if you are the one spiraling into a negative pit and make a conscious decision to change immediately. Surround yourself with positive people, speak encouraging language, invest in others and make a difference. Many years ago I heard a radio presenter ask: How do you eat an elephant? The answer: in bite size chunks. I have never forgotten that. So how will you chew on today.

Sept 2017. LABOUR FORUM.Page 6

FEATURE THE RULING OFFICER’S DILEMMA by Wiriranai Mateveke

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. Of recent my office has received cases of disciplinary terminations in which case the claimants would be claiming compensation for loss of employment in terms of Section 12(4a) as read with Section 12C(2). For avoidance of doubt, I would repeat the same sections below just to invite a closer look at them: Section 12(4a) “No employer shall terminate a contract of employment unlessa) the termination is in terms of an employment code , or in the absence of an employment code, in terms of the model code made under section 101(9); or b) the employer and employee mutually agree in writing to the termination of the contract; or c) the employee was engaged for a period of fixed duration or for the performance of some specific service; or d) pursuant to retrenchment, in accordance with Section 12C.” Section 12C(2) “Unless better terms are agreed between the employer and employees concerned or their representatives, a package (hereinafter called ‘the minimum retrenchment package’) of not less than one month’s salary or wages for every two years of service as an employee (or the equivalent lesser proportion of one month’s salary or wages for a lesser period of service) shall be paid by the employer as compensation for loss of employment (whether the loss of employment is occasioned by retrenchment or by virtue of termination of employment pursuant to section 12(4a)(a),(b) or (c), no later than date when the notice of termination of employment takes effect.” In order to appreciate the legal argument arising out matters of this nature, one needs to re-

“...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...”

wind the historical context of the Labour Act. Traditionally, termination on notice has always been addressed through the enabling section, that is section 12 of the Act, termination by way of dismissals was provided for in Section 12B and retrenchment provided for in section 12C of the Act. Following the Chief Chidyausiku’s landmark ruling of 17 July 2015, employers went on to engage into a massive termination spree as this was seen as a cheaper avenue of getting rid of the long service employees whose continued existence in the company was seen as a pending liability. This is because the cost of having to retrench a long service employee was deterrent in that it presents with huge sums of money in compensation as compared to cases involving recently employed ones. Thus the above judgement was seen as an attractive solution to the employers’ fears. Seeing that the Supreme Court judgement had done more damage than good to the employees, the legislature came in to plug the hole in order to correct the action of employers simply terminating on notice without having to worry about compensation for loss of employment. In all honesty, given the economic constraints, who wouldn’t have done the same, given that the chance of avoiding a cost had presented itself uninvited. However, the legislators heard the loud shouts from those terminated and those still in employment but whose fate remained hanging on a string and came up with what became Labour Amendment No 5.

This amendment provided circumstances under which employers could terminate on notice. The same consequently stopped willy nilly terminations on notice like had been the case previously. Because the amendment was done in haste initially with a view to address the countrywide outcry in relation to the massive terminations, it came with its own gaps that were eventually manipulated by players within the Industrial Relations field. Trade Unionists advance that employees dismissed due to misconduct should benefit from compensation for loss of employment as provided for in Section 12(4a) as well as Section 12C(2) of the Act. Particular reference is made to the part that says compensation is applicable whether the loss of employment is occasioned by retrenchment or by virtue of termination pursuant to Section 12(4a)(a),(b) and (c). Conversely, in the opinion of the employer’s legal representatives, employees dismissed due to misconduct are not entitled to compensation. It is their fervent belief that dismissals are done in terms of Section 12B of the Act not Section 12(4a) of the Act. They assert that Section 12(4a) deals with terminations on notice, thus compensation is therefore due to termination on notice in terms of Section 12(4a) of the Act. The above view seeks to advance the position that a retrenchment package is compensation to an employee who has been made redundant by the employer. 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. Continue this article online at www.ncslabour.co.zw/blog

Page 7.LABOUR FORUM. Sept 2017

L A B OU R L AW NO CONTRACTUAL BENEFITS WHEN APPEALING DISMISSAL

ases of disputes over the possession of a contractual benefit by a suspended employee or a dismissed employee now abound. Some dismissed employees will hold on to contractual benefits such as a car or house on the pretext that they have appealed their dismissal to the Labour Court and should therefore continue to enjoy such benefit until the matter has been finalised. What happens where an employee is dismissed and appeals against such dismissal at the Labour Court? Does the employee keep the car/ house until such appeal has been disposed of by the Labour Court? What if the employer refuses to return the benefit? Does an employer have a legal recourse in such instances? This case highlights that employers can invoke a common law remedy known as rei vindicatio to recover their property from a dismissed employee. Also known as vindication, this is the remedy that allows an owner of a property to seek the return of such prop-

by Peter Ngorima Case: Nyahora v CFI Holdings SC-81-2014 relief to the employer under the rei vindicatio. In its determination of whether section 89 of the Labour Act gives the Labour Court inherent jurisdiction in all labour matters including civil action and common law action like rei vindicatio, the Supreme Court answered in the negative. Ziyambi JA held that an application for rei vindicatio is one that is found on common law and section 89 does not confer the Labour Court with the power to grant common law orders such as rei vindicatio. Such jurisdiction clearly lies with the High Court, it was held. The Nyahora case puts to rest the questions surrounding the jurisdiction of the High Court in cases where there is a dispute over the possession of a property arising from the Labour Act. The mere fact that an employee has lodged an appeal with the Labour Act against his/her dismissal does not give him/her the right to hold

right. In conclusion, I would respectfully adopt the remarks by MTSHIYA J in FBC Bank Limited v Energy Deshe HH-285-11 that: “… employers deserve the protection of the law from employees who ….. take the law into their own hands as demonstrated by the respondent in casu.” In any case, the law has provisions for reinstatement with backpay and benefits where an employee is subsequently found to have been unlawfully dismissed. In calculation of backpay the employee can well calculate the quantum of benefits he should have enjoyed had he/she not been unlawfully dismissed. Employees who find themselves dismissed and are disputing such dismissal would be well advised to return any property of the employer to avoid finding themselves on the wrong side of the law and having costs of the application made against them should they oppose the application.

“Dismissed employees cannot hold on to contractual benefits such as a car or house on the pretext that they have appealed their dismissal to the Labour Court and should therefore continue to enjoy such benefit until the matter has been finalised.” erty from a person unlawfully with- holding it. Such application is made to the High Court as the labour Court does not the jurisdiction to issue such an order. The fact that an employee has appealed against his/her dismissal does not entitle that employee to hold on to the employer’s property unlawfully. In this matter the Supreme Court was faced with the question of whether “an employee whose contract of employment has been terminated, and who has appealed to the Labour Court against that termination, is entitled, pending resolution of the appeal, to retain a motor vehicle allocated to him for the performance of his duties during the course of his employment. It also addresses the question of the jurisdiction of the High Court in these circumstances to grant

on to the employer’s property. This is by operation of the law which states that an appeal to the Labour Court does not suspended the decision appealed against. In instances where an employee withholds property the employer can approach the High Court for a vindication order. The mere fact that an employee had an expectation to own or purchase the property does not amount to a claim of right to that property. As held in the Nyahora case supra The appellant’s further claim that he had a legitimate expectation to purchase the vehicle is, in my view, also without merit. It seems to me that whatever expectation he had to purchase the vehicle is merely that - an expectation. It has no legal basis. It is not justiciable. It cannot be converted into a claim of

Sept 2017. LABOUR FORUM.Page 8

POLICY HOW TO MAKE CHANGES TO AN EMPLOYMENT CONTRACT by Gladys Mpemba

“...you may need to change the terms and conditions of an employee’s contract at some stage particularly if the business is growing or dying...”

he dynamic nature of business means that you have to continuously tweak your strategy to stay viable. As a result you may need to change the terms and conditions of an employee’s contract at some stage particularly if the business is growing. Labour law, however, prohibits unilateral changes. Instead, you must adhere to certain requirements before doing so.

Consultation and negotiation Changes can only be made after consultation between employer and employee and must result in a ‘new’ agreement being drawn up. If one party tries to change the contract without the consent of the other, this could be interpreted as a breach and in extreme cases could even be interpreted as a termination of the contract which would amount to unfair dis-

missal. During the consultation process, employees are entitled to put forward their views and proposals to any changes you propose. As an employer, you are then required to respond to these.

Considered and compliant The consultation needs to be fair. The law allows for change and recognises that companies have to adopt to changing circumstances. Employees for their part must also be prepared to accept a reasonable measure of change during the existence of the relationship that: 1. The changes are procedurally fair. 2. The Labour Act and applicable regulations are complied with and 3. The employer does not unilaterally implement change. Tread carefully and comply with all the requirements as failure to do so could have di-

rect and expensive consequences. When disputes about unilateral changes to employment occur, the employer may be stopped from making the change or to reverse a change already made until the dispute is resolved. In light of the above, it is clear that as change is inevitable, considered and compliant change is advisable. Want to make changes to your employement contracts, contact us now: 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 9.LABOUR FORUM. Sept 2017

EVENTS EVENTS TO LOOK FORWARD TO

# Q u o t e s 4 S u c c c e s s 1. Intelligence plus Character that is the goal of true education- Martin Luther King Jnr.

1. IPMZ H R Officers Symposium (2017 2. We are made to persist. That is how we find out who we are - Tobias Wolff.

3. Success is the sum of small efforts, repeated day in and day out - Robert Collier.

4. Be somebody who makes everybody feel like a somebody - Kid President (Robby Novak).

5. The best preparation for tomorrow is doing your best today - H. Jackson Brown, Jr.

2. 201 7 SANGANAI/ HLANGANANI EXPO Sanganai/Hlanganani – World Tourism Expo is an annual Tourism Trade Fair organized by the Zimbabwe Tourism Authority. It showcases the widest variety of Africa’s best tourism products, and attracts international visitors and media from across the world. The 2017 edition will be held in the country’s second largest city, Bulawayo, and is expected to ride on the successes gained by the previous editions and is an opportunity not to be missed Dates 27 September - 01 October 2017 Bookings - ncb@ztazim.co.zw Telephone: Tel: +263 9 884911-5 Directions to the venue on the map below.

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

Sept 2017. LABOUR FORUM.Page 10

PROFILE SME’S HAVE A PLACE AT NCS Mrs Dhliwayo and the Shell Gas Center

Mr and Mrs Dhliwayo at the Shell Gas Center along 10th Avenue, between Fife Street and Jason Moyo in Bulawayo. Just like all businesses, The Shell Gas Center has not been spared by the liquidity crunch. However, the Dhliwayo’s are doing all that they can to stay afloat.

rs Dhliwayo took an early retirement from an office job at the National Railways of Zimbabwe to pursue the finer things in life.

As a young woman in her early 30’s, with a loving husband and a beautiful family of 3 kids at hand, Mrs Dhliwayo decided it was high time she set up her own sewing enterprise. For the next 13 years, she did not work a single day, instead, she followed her passion until the summer of 2003 demanded yet another bold move. A relative compelled Mrs Dhliwayo to open a gas business, just like her late brother in law used to. “I wasn’t scared, said Mrs Dhliwayo. “I just went to BP and Shell and signed up as an agent.” At that point, the JD Gas roared into life, trading under the late Dliwayo’s moniker, ‘the Shell Gas Centre.’ Mrs Dhilwayo ran both the sewing and gas enterprise concurrently for two years The gas enterprise grew. “We used to supply all the big companies and hotels that used gas,” recalled Mrs Dhilwayo. We also used to supply almost all schools across the city, and some even as far as Nyamandlovu.” Eventually, she decided to shelve the sewing business and concentrate on gas supplies and installations that peaked to a single tonne daily between 2004 – 2007.

by Tamsanqa Mhepoh SAFETY PRECAUTIONS WHEN USING GAS APPLIANCES

“... I enlisted Gladys to draft contracts of employment for Shell Gas Centre...”

The opening of the Shell Gas Centre under the watch of Mrs Dhliwayo also ushered in a special relationship with NCS Labour Relations and Training Consultants. “Gladys (principal labour consultant at NCS) was always my friend from Church,” recounted Mrs Dhliwayo. “Our friendship grew even stronger when I enlisted Gladys’ services to draft contracts of employment for Shell Gas Centre employees.” Mrs Dhliwayo added that she is satisfied with the arbitration services provided by NCS Labour Relations. “Gladys services have a very personalised touch. Gladys builds a good relationship with her clients. She has even helped two of my eldest children to resolve issues with their employers in the past.” Mrs Dhliwayo ruminated all the disputes she had with employees since 2003. More importantly, she evoked just how swiftly and amicably Gladys Mpemba dealt with all of them, including one that was resolved a day before this interview.

1. Whenever you dictate the smell of gas when using any gas appliances BE ALERT! Quickly close the source ì.e the gas cylinder. Close the value tightly. 2. Do a leak dictation test using soapy water. Apply the soapy water to the suspected leakage spot and all other joints on the appliance. Also apply to the hose length in case there is a crack. 3. Turn on the gas valve, but Do Not Light anything. You will see the soapy water bubbles where there is a leak. Close the valve immediately and seek experienced assistance. 4. You are advised to take the gas cylinder together with the appliance to a reputable gas dealer The Shellgas Centre, 104 Fife street backyard and get your problem solved professionally before any accident. DO NOT TAKE CHANCES by bandaging the leaking points with plastic or rubber bands, because gas filters through and that can cause fatal accidents. TAKE NOTE THAT ALL GAS APPLIANCES HAVE SPECIAL SEALS.

Page 11.LABOUR FORUM. Sept 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.

f an employee accepts his terminal benefits, does this constitute an end to the disciplinary proceedings or any pending matter?

Acceptance by an employee of his terminal benefits does not necessarily amount to his agreeing to the termination of his employment. His wages and leave pay are his statutory entitlements. Abandonment of one’s rights should not be lightly assumed. It must be clear and unequivocal. Refer: Gedion Mbaraidzo vs. Everest Carpets SC 90/1998.

hat is a question of law?

All appeals to the Supreme Court should be on the basis of law and not facts and this means:  A question which the law itself has authoritatively answered.  A question as to what the law is – where the question for argument and determination is what the true rule of law is on a certain matter.  Any question which is within the province of the judge instead of a jury. If any point at issue is not a question of law, this will preclude any appeal beyond the Labour Court. Refer: Muzuva vs. United Bottlers SC. 25/1994.

Charles Ambali vs. Bata Shoe Co. SC 106/1998. National Foods Limited vs. Stewart Magadza SC 105/1995. Refer: Midsec vs. S. Gwafa Labour Court Judgement

Refer: Lancashire Steel vs. Zvidzai and others SC 29/1995.

f for whatever reason, a determination has not been issued within 30 days in a ho should be given disciplinary matter in terms the notice of inten- of a Code of Conduct, can tion to proceed on the employer automaticollective job action? cally invoke section 101 Notice is given to the party against whom the (6)?

collective job action is to be taken and if the 14 days notice expires before action is taken, another notice has to be issued. The 14 days can not be carried forward indefinitely.

Refer: Labour Court Judgement No. LRT/H/56/2000 Case No. LRT/H/21/99 in the matter between Shadreck Moyo and 14 others vs. Central African Batteries (Pvt) Ltd as read with Moyo & Others vs. C.A. Batteries SC 66/2002.

f employees engage in an unlawful job action, can you single out some of them for discipline?

Section 101 (6) of the Labour Act states that “if a matter is not determined within thirty days of the date of notification referred to in paragraph (e) of subsection (3), the employee or employer concerned may refer such matter to a labour officer who may then determine or otherwise dispose of the matter in accordance with section ninety three” In other words, section 101 (6) confers the right on either party to refer the dispute to a labour officer or designated agent of an NEC if the matter remains unresolved in terms of the Code of Conduct for more than thirty days.

You do not have to fire an entire workforce that goes on an illegal strike but those you single out, you must have good justification so that victimization is not alleged. Some rational basis that can be used is that the singled out ones could have been the main organizers of the strike or that they sabotaged business operations 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...

send message

Sept 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.

Thank you so much Gladys. I truly appreciate all of your help and will not hesitate to recommend your services to anyone requiring assistance in labour issues. Tanya Hunt- (White Rock Conference Center)

I enlisted the services of Gladys Mpemba and she represented me at the Labour Office. Because of her skills, we were able to get a Certificate of Settlement and my issue was resolved. Gladys knows her stuff and is very diplomatic in her approach to labour matters. I was very happy with her entire service and would use her again if need be.- Timothy Sameke - (ex-ZBC Manager) Thank you, Gladys! Your years of experience, your diplomacy and your wise advice are very much appreciated- Richard Peek (StoneHills Safaris) Thank you for the special consideration you have given to us which, like everything you have done over the years, will always be sincerely appreciatedAustin Sibanda- Senior Partner (Joel Pincus, Konson & Wolhutter Legal Practitioners) If you haven’t put in good word for us, please head to our webiste www. ncslabour.co.zw and share your testimonial with everyone. It’ simple, once you land on our home page, scroll down to the bottom of the site and fill in the form there. We will share your testimonial on the Pulse page in our newsletter everymonth and also on our social media accounts. @NCSLabour