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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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).”
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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
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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
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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 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
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The issue of compensation for improvements arises where movable things belonging to one person have been attached to another’s movable or immovable property. If moveable things are attached to immovable property (land) then the owner of the land becomes the owner of the whole. Put simply if A builds a house on land belonging to
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One of the fundamental precepts of natural justice, encapsulated in the maxim audi alteram partem, is the right of every person to be heard or afforded an opportunity to make representations before any decision is taken that might impinge upon his or her rights, interests or legitimate expectations. In labour disciplinary proceedings, the law requires
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