40 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.