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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Property rights are provided for in section 71 of the Constitution of Zimbabwe Amendment (No.20) Act 2013 (hereinafter referred to as the “Constitution”). The relevant part provides as follows; 71 Property rights (1) In this section— …….. “property” means property of any description and any right or interest in property. (2) Subject
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Our labour law in Zimbabwe recognizes written and unwritten contracts of employment. The Labour Act (Chapter 28:01) stipulates that every person who is employed by or working for any other person and receiving or entitled to receive any remuneration in respect of such employment or work shall be deemed to be under a contract of
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The division of the assets of the parties upon divorce is governed by the Matrimonial Causes Act (Chapter 5:13) (the Act), in particular section 7. The Act does not apply to those who are in an unregistered customary union. This does not mean that those in an unregistered customary union are left without a remedy;
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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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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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The Labour Amendment Act No. 5 of 2015 ushered in a new paradigm in terms of labour law practice and procedures in general. The amendment brought with it a number of challenges to labour law practitioners and litigants. This paper seeks to highlight the legal and practical challenges faced by lawyers and litigants alike under
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