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 […]
Covenants In Restraint Of Trade Read More »
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
Privileges And Immunities Of International Organizations In Zimbabwe Read More »
The law permits an employer to restructure and reorganise its operations at the workplace subject to s 25A (5) (a) of the Labour Act [Chapter 28:01]. The section requires an employer to consult the Works Council before implementing a restructuring exercise. In the ordinary course of business, change is inevitable. Things cannot remain the same
Employer’s Right To Restructure And Reorganize At The Workplace Read More »
Discrimination refers to a situation when adverse action is taken against a person or particular group of people because they belong to a certain class of people or possess particular comparable attributes. Discrimination may be either direct or indirect. Direct discrimination occurs where negative action is taken against a particular person for having certain particular
Protection Against Discrimination Read More »
Section 12B(2)(a) and(b) of the Labour Act Chapter 28:01 provides that an employee is unfairly dismissed if the employer fails to show that it dismissed the employee in terms of an employment code or in the absence of an employment code, the employer shall comply with the model code made in terms of section 101(9).”
Applicability Of The National Employment Code Read More »
There are a number of reasons why an owner of land would want to subdivide it. One of the major reasons for subdivision is to create smaller stands that can be sold for profit. Property can also be subdivided so that the created part can be donated to a spouse, child et cetera. The subdivision
Subdivision Of Land Read More »
The concept of double jeopardy has its roots in ancient Greek and Roman law. In 355BC, Demosthenes of Athens said: “The law forbids the same man to be tried twice on the same issue.” The principle of double jeopardy is also applicable to labour law. In criminal law the plea is commonly known as autrefois
Double Jeopardy Rule Read More »
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
Secondment In Labour Law Read More »
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
Protection Orders And Peace Orders Read More »
The COVID-19 global pandemic has almost brought the world to a halt. Employers and the employees world over have been hit harder by this untimely disaster. In Zimbabwe, on the 27th of March 2020, President Mnangagwa announced that the country would be on lock down for 21 days starting from Monday 30 March 2020. This
Legal Workplace Measures To Cope With Covid-19 Induced Lockdown In Zimbabwe Read More »
