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Judgment No. CCZ 2/18
Constitutional Application No. CCZ 86/15
The general requirements that must be satisfied before conduct, positive or otherwise, can
be held to fall within the definition of unfair labour practice are that -
(i)
The “act or omission” must constitute a “labour practice”. An “act” or “omission”
may refer to either a single act or a single inaction which may or may not have
lasting consequences and having occurred during the subsistence of the
employment relationship, that is, in the period between the conclusion of the
contract of employment and its termination. The word “practice” suggests that the
employer must have actually done something or declined to do something.
(ii)
The unfair labour practice can arise only if the employer does something or refrains
from doing something (“act or omission”). In Zimbabwe the employer must have
actually done something listed in Part III of the Act, which act or omission the
employee claims the employer should have done or should have refrained from
doing.
(iii)
The unfair labour practice must be between an employer and an employee. In
Zimbabwe, however, the unfair labour practice may be between the employee and
a trade union, a workers’ committee or any other person for sexual conduct
amounting to an unfair labour practice.
(iv)
The unfair labour practice must involve one of the practices specified, for our
purposes listed in Part III of the Act or declared to be so in terms of any other
provision of the Act; and
(v)
The act or omission complained of must be unfair.
Select target paragraph3
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