Govt, labour parties must address effects of Supreme Court ruling - Zimrights

Zimbabwe Human Rights Associations (ZimRights) director Okey Machisa has urged stakeholders in labour issues, particularly government, to urgently address the widespread implications of the recent Supreme Court rulings on labour issues in the country.

Supreme Court ruling No. SC46/2015 passed on July 27, 2015, found that workers are not legally entitled to the benefits that they used to enjoy, including the housing and educational allowances.

The Supreme Court ruling No. SC 45/2015 on July 17, 2015, weakened the legal safeguard of workers from arbitrary dismissals where notices are given.

"The rulings undoubtedly expose a serious gap in the labour laws of the country pertaining to the legal protection of the labour rights, and socioeconomic human rights of employees. Since July 17, 2015 unscrupulous employers have already capitalised on the weakness in the labour laws exposed by the rulings," he said.

"Over the past 10 days, the weaknesses in the labour laws have led many companies shedding jobs gravely affecting the employees' fundamental rights to fair employment, adequate standards of living and human dignity."

Machisa said thus, the weaknesses in the labour laws readily expose workers to poverty, lack of job security, and the indiscretion of employers, hence the need for speedy interventions by government, to halt the human rights-infringing developments.

"While the Supreme Court merely played its role in interpreting the law, the onus is on the Cabinet and Parliament, to jointly lead in crafting labour policies and laws that protect employees," he said.

"Precisely, to protect the human rights of workers to fairness, human dignity and adequate standards of living, government must engage and involve labour unions, in the on-going amendment of the Labour Act."

"The ongoing alignment of the Act to the new Constitution should balance the need to attract investment and protecting workers' rights. This is in order to address the grave weaknesses where it pertains to protecting workers' rights of the current labour laws, as amply revealed by the court's interpretations and rulings," he added.

Machisa said these rulings are particularly unfavourable at a time when the economy is very weak and the motivation for dismissal/termination of employment of workers by affected companies is high.

"This is not to say that such hyper-flexible labour laws will be desirable, even when the economy was performing better, because they inherently affect the human rights of workers," he said.