ZIMBABWE Law and Practice Contributed by: Ruvimbo T L Matsika and Tatenda Nyamayaro, Wintertons
In applications for the review of disciplinary proceed - ings, a finding that the proceedings were irregular may result in the dismissal being set aside and the matter being remitted to the employer for a rehearing in a
• the conduct of proceedings through videoconfer - encing. The Zimbabwe Integrated Electronic Case Manage - ment System (IECMS) was implemented in the labour court on 1 February 2023. Under this system, plead - ings are filed electronically on the IECMS platform and matters may be heard via videoconferencing. The digi - talisation of labour court proceedings was preceded by the digitalisation of proceedings in the Supreme Court during May 2022. 9. Dispute Resolution 9.1 Litigation The following are the authorities and courts that have the jurisdiction to hear labour matters. Labour Officer This is an official employed by the Ministry of Labour under the terms of Section 121 of the Labour Act. Labour officers are generally tribunals of first instance and they conduct conciliation proceedings in accord - ance with Section 93 of the Labour Act. In the event that conciliation fails, they are required to refer the dispute to arbitration. They have, in addition, been granted the jurisdiction to hear appeals from internal disciplinary proceedings under the terms of Section 101 (5) of the Labour Act. However, their powers in hearing appeals are confined to those that are set out in Section 93 of the Labour Act – that is – to attempt to settle the dispute through conciliation, and failing such settlement, to refer the dispute to arbitration. They have no adjudicatory powers. Designated Agent This is an individual employed by an employment council under the terms of Section 63 of the Labour Act. They have the same jurisdiction as labour officers to conduct conciliation proceedings. They also have the authority to redress disputes which are referred to them or otherwise come to their attention. Their jurisdiction is, however, limited to matters that arise in the industry in which the employment council is registered.
procedurally proper manner. 8.2 Anti-Discrimination
Under the terms of Section 5 of the Labour Act, employees and prospective employees are protected from discrimination on the following grounds:
• race; • tribe;
• place of origin; • political opinion; • colour; • creed; • gender; • pregnancy; • HIV/AIDS status; or • disability.
In addition to being subject to a claim for damages, an employer who contravenes the right of an employee or prospective employee to equal treatment may face criminal charges according to the terms of Section 5 (3) of the Labour Act. An employee who has been sub - jected to discrimination may also seek an order direct - ing the employer to cease the discriminatory conduct. An employee who makes a civil claim for damages arising from discriminatory conduct – or for an order directing the employer to cease such conduct – has the onus of proving the allegation of discrimination on the balance of probability. In the event that criminal charges are brought against the employer, the appli - cable standard of proof is proof beyond a reasonable doubt. 8.3 Digitalisation The Labour Court (Amendment) Rules (Statutory Instrument 3 of 2023), which were gazetted on 6 Janu - ary 2023, as read with the Judicial Laws Amendment Act No 5 of 2023, which was gazetted on the 16 June 2023, provide for: • the filing and service of court process through electronic means; and
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