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Judgment No. CCZ 2/18
Constitutional Application No. CCZ 86/15
differently can it be alleged that the right to equal protection of the law has been violated. That
was not the position in the present case.
The applicants were treated differently from the employees whose contracts they
terminated on notice because of the consequences of their actions of terminating the employees’
contracts on notice without paying them compensation for loss of employment. The right to
terminate employees’ contracts on notice exercised on or after 17 July 2015 was retained by the
retrospective application of the legislation imposing the new financial obligation on the employers
who terminated employees’ contracts on notice. It became a statutory right, exercisable where it
has been specifically provided for in the situations prescribed under s 12(4a) of the Act.
The retrospective application of the law ensured that both parties were treated fairly, in that
whilst allowing the employer and employee to terminate the employment relationship on notice
there was a balanced distribution of the benefits and burdens resulting from the termination of
employment at the initiative of the employer. The Court has to view the effect of retrospective
application of s 12 of the Act holistically, taking into account all the relevant circumstances that
faced the Legislature at the time it enacted the legislation.
The applicants were treated in the same manner for the purposes of the retrospective
application of the statute as all the employers who terminated employees’ contracts on notice on
the authority of the Zuva Petroleum judgment. In the Chiranjitlal Chowdhury case supra the
Supreme Court of India held that if a law deals equally with all of a certain well-defined class it is
not obnoxious. The law is not open to the charge of a denial of equal protection on the ground that
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