The High Court has the power to declare a ‘marriage’ void where the grounds for doing so exist. Where there is a declaration of nullity it is as if the parties never entered into a marriage at all. The grounds on which a marriage can be declared void are classified into two; non-compliance with the […]
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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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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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Married people have a reciprocal duty of support in proportion to their earnings or means. Traditionally it is the husband who is the main breadwinner and has the duty to maintain the wife. As stated above however, both spouses have a duty of support according to their means. The duty of support is a legal
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Section 12B (3) (a) of the Labour Act, Cap 28:01 states that an employee is deemed to have been unfairly dismissed if the employee terminated the contract of employment with or without notice because the employer deliberately made continued employment intolerable for the employee. This is the statutory definition of the doctrine of constructive dismissal.
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A transfer refers to lateral movement of employees within the same grade, from one job to another. According to Flippo “a transfer is a change in the job (accompanied by a change in the place of the job) of an employee without a change in responsibilities or remuneration”. A transfer may be initiated either by
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The Constitution contains a number of rights that have a bearing on women e.g. marriage rights (Section 78) and rights of women (Section 80). There are basically two marriages which are recognized in Zimbabwe, the marriage under the Marriage Act (Chapter 5:11) (which is monogamous), and the marriage under the Customary Marriages Act (Chapter 5:07)
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Burden of proof refers to the threshold of evidence which is required to prove a case in legal proceedings. The burden of proof in criminal proceedings and civil proceedings is different. The standard of proof required in disciplinary civil cases is called proof on a balance of probabilities. Balance of probabilities means that on the
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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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