he Impact Of The Labour Amendment Act 2015 On The Termination Of Employment Contract In Zimbabwe

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he Impact Of The Labour Amendment Act 2015 On The Termination Of Employment Contract In Zimbabwe

Journal Title: International Journal of Research in Social Sciences - Year 2017, Vol 7, Issue 12

Abstract

The study was conducted after serious challenges affected sound industrial relations when the long awaited Labour Amendment Act 2015 caused a stir on the conditions governing the termination of employment of an employee by the employer based on its provisions which were not well received by both parties. The study was based on the mixed methodology which used the descriptive survey design using two instruments; the structured questionnaire and an unstructured interview guide. The stratified random and purposive sampling techniques were used. Data was generally presented using tables, as well as means and variances (standard deviations) For the interviews, data was analysed using the content analysis complimented by use of narrative statements in some cases in order to present the exact opinions and feelings of the participants. Since the mixed method was used, the objectives and research questions were synchronised and findings and results were collated. The sample composition was made up of all key stakeholders; namely government, workers, labour bodies and employers representatives. Some of the major results and findings were that; the Labour Amendment Act 2015 was meant to restore sanity at the workplace following massive termination of employment contracts emanating from the ZUVA Petroleum Supreme court ruling of 17 July 2015 The new Labour Act was supposed to align the then Labour Act Chapter 28:01 with the New Constitution of Zimbabwe of 2013. The Act was also meant to cushion those affected by the Supreme Court ruling so that they could be compensated. Employees were not happy about the meagre two weeks’ wages for each year worked as theyviewed that as a mockery for someone who had worked for a very long time given the fact that most workers had been underpaid with majority earning below the poverty datum line. Employers were not happy with the retrospective application of the Act to 17 July 2015 requiring them to compensate employees whose contracts were terminated on notice. Lack of consultation among the social partners was exacerbated by the fact that the Tripartite Negotiating Forum had no legal framework to collectively address the challenges regarding termination of employment. There is need for clarification on matters pertaining to the subject matter on salient features regarding termination by use of notice, through dismissal or retrenchment. The Retrenchment Board must expedite processing of an application for retrenchment than to award exemption to pay retrenchment by default.

Authors and Affiliations

Nhamo Kwaramba And Dominic Uzhenyu

Keywords

Common law Labour amendment act Retrenchment Termination of employment contract Three months’ notice Unfair dismissal

EP ID EP20699
DOI -
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