A collective job action, commonly referred to as a ‘strike’ is a concerted industrial action resulting in cessation of work calculated to persuade or cause a party to an employment relationship to accede to a demand related to employment and it includes a strike, work boycott, lock out, sit in or sit out or any […]
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The first question to be asked when seeking to resolve any labour law dispute is whether the parties are indeed ‘employees’ and ‘employers’ within the meaning of the Labour Act Chapter 28:01 or the common law. If they are not, then the Labour Act and other relevant statutory instruments do not apply to them. In
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A Non-Marriage Certificate is a document issued by the Registrar of Marriages confirming a person’s marital status. It is usually required where a Zimbabwean national intends to marry abroad or where a Zimbabwean intends to marry a foreigner in Zimbabwe. For this reason, it is sometimes referred to a Certificate of Freedom to Marry or
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The purpose of the Labour Act Chapter 28:01 is to advance social justice and democracy at the workplace by seeking to promote fair labour standards among other things.(S 2A (1)(d). In line with this purpose, the Act defines certain acts or omissions which constitute ‘unfair labour practices by employer’. The Act provides that an employer
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It often happens that an employer adopt an incorrect procedure in disciplining an employee. This may arise from for example, use of a wrong code of conduct, failure to follow a code of conduct in executing a disciplinary process or where the employer summarily dismisses an employee without a hearing. These circumstances and alike may
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A right of first refusal is a right to be given preference as against third parties in the event that a party decides to conclude a contract. If the contemplated contract is a contract of sale it is referred to as a right of pre-emption. The person who gives the right is called the grantor
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The main contractual obligation of employees is to place their personal services at their employer’s disposal. Tender of service is a prerequisite to the employee’s right to claim remuneration. Under both common law and statute law in the form of the Labour Act (Cap 28:01), employees who do not tender service are not entitled to
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According to section 14 of the Deeds Registries Act [Chapter 20:05] ownership of land may be conveyed from one person to another only by means of a deed of transfer executed or attested by a registrar. Ownership in land is therefore evidenced by a title deed. Where the seller only has an agreement of sale
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At the most basic level, restraint of trade is any activity that prevents another party from conducting business as they would normally do without any restriction. In legal terms, a restraint of trade is an obligation voluntarily undertaken by the employee to refrain from the exercise of freedom of trade in favour of the employer
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Immunity is a freedom from a legal duty, prosecution or penalty granted by government authority or statute in a state. In Zimbabwe, the question of which organizations enjoy immunity is governed by the Privileges and Immunities Act [Chapter 3:03]. Section 7(1) of the Act, which deals with the privileges and immunities of specified international organisations, reads as
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