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Labour Court

Mashonaland Tobacco Company v Workers Committee Chairman (P Svinurai) and 1750 Others

[2014] ZWLC 756

Case Details

Court
Labour Court
Date
7 November 2014
Citation
[2014] ZWLC 756
Judgment No.
LC/H/756/2014
Outcome
unknown
Case Type
Application

Bench

Presiding
E. Muchawa
Author
E. Muchawa J
Full Bench
E. Muchawa JF.C. Maxwell J
Areas of Law
Labour LawConstitutional Law
Keywords
strikecollective job actionsection 65(3) Constitutionsection 104 Labour Actconstitutional referral
Tags
strikecollective job actionconstitutional right to strikelabour dispute
legislation
Statutes Cited
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Labour Act
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the right to strike under section 65(3) of the Constitution is subject to restrictions under section 104 of the Labour Act","issue_type":"constitutional","dispositive":"yes","related_facts":"Strike procedures not followed; Constitution guarantees right to strike"}
  • {"issue_text":"Whether the strike was unlawful for failure to comply with section 104 procedures","issue_type":"mixed","dispositive":"no","related_facts":"No notice given; no secret ballot; no conciliation attempt"}
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background
Facts of the Case

Background

The respondents engaged in a collective job action (strike) from 3 October 2014 despite a Minister's show cause order requiring them to call off the strike. The applicant sought to have the strike declared unlawful, arguing that the respondents failed to follow procedures under section 104 of the Labour Act. The respondents claimed the strike was lawful under section 65(3) of the Constitution.
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