Once the parties have agreed on the essential terms of the contract, its terms are fixed in the sense that neither party may unilaterally vary them unless the original contract provides for variation. Statutorily, the Labour Act Chapter 28:01 states that one of its objectives is to promote the participation by employees in decisions affecting […]
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The law requires that the estate of a deceased person who leaves behind ‘property’ be registered for purposes of administering the deceased’s property which forms part of his/her estate. If the deceased had a registered marriage, the estate has to be registered at the Master of the High Court. If the deceased was in unregistered
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Secondment refers to a temporary transfer of an employee from one entity to another. The seconding company may assign its employee to a subsidiary or any other entity related to the seconding company. The Industrial Court of Malaysia in the case of Bank Simpanan Nasional Finance Bhd & Anor v Omar Hashim (2002) 1 ILR
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Protection orders are provided for in terms of the Domestic Violence Act (Chapter 5:16) while peace orders are provided for in terms of the Criminal Procedure and Evidence Act (Chapter 9:07). The effect of the two (protection orders and peace orders) is the same and it is to prevent/stop any current or future act, omission
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The law on divorce in Zimbabwe is governed by the Matrimonial Causes Act (Chapter 5:13). The Act changed the law on divorce as it was prior to 1986. Before this ‘new Act” divorce was granted on the ‘guilty principle’. This meant that in every divorce matter there had to be a guilty party and an
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A code of conduct refers to a set of rules of conduct, procedure, values and ethical principles which is used to govern the work place. Having a code of conduct in your workplace is key to provide staff with clear standards and expectations of how to conduct themselves at the workplace. The Labour Act Chapter
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An acknowledgment of debt is executed by the debtor in favour of the creditor wherein he confirms the existence of a debt of a stated amount. It is therefore a formal recognition of a debt by the debtor. It matters not that the document is not titled or worded ‘acknowledgment of debt’, if the effect
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A trademark is anything used to identify the source of a product or service, including alphabetic characters, numbers, a word, phrase, slogan, logo, colour, smell, sound, shape, package design, or a combination of these. A trademark distinguishes the product of one competitor to the other to ensure there is no confusion. The registration of trademarks
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A trust exists where the founder has handed over or is bound to hand over to a trustee the control of property which is to be administered or disposed for the benefit of the beneficiaries. An example is where a parent (founder) transfers his farm to a trustee to be administered on behalf of her
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Divorce proceedings, whether contested or uncontested, are initiated by a Summons (with the Plaintiff’s declaration attached) served personally on the Defendant. If the Defendant lives outside Zimbabwe, a separate court application for service outside the country (an application for edictal citation) is required. If the Defendant’s whereabouts are unknown, an application can be made to
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