Bankers Association of Zimbabwe v Banking and Finance Managers Union of Zimbabwe & Anor

[2019] ZWSC 15

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Case Details

Court

Supreme Court

Date

26 February 2019

Citation

[2019] ZWSC 15

Judgment No.

SC 15/2019

Outcome

unknown

Case Type

Appeal

Bench

Presiding

PATEL JA

Full Bench

GOWORA JAHLATSHWAYO JAPATEL JA

Areas of Law

Labour LawConstitutional LawInternational Labour Law

Keywords

trade unionmanagerial employeesregistrationLabour Actfreedom of associationILO conventions

Key Issues

{"issue_text":"Whether managerial employees can be registered as a trade union under section 45(1)(b) of the Labour Act","issue_type":"law","dispositive":"yes","related_facts":"Managerial employees have dual roles; 2002 amendment removed prohibition"}
{"issue_text":"Whether refusal to register managerial employees' trade union would be unconstitutional","issue_type":"constitutional","dispositive":"yes","related_facts":"Section 58 and 65(2) of Constitution guarantee freedom of association"}
{"issue_text":"Whether registration of managerial employees' trade union would be against public policy","issue_type":"mixed","dispositive":"yes","related_facts":"Three separate organizations exist in banking sector; no over-unionisation"}

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Facts of the Case

Background

The appellant, an organization of bankers, appealed against the Labour Court's decision upholding the Registrar of Labour's registration of the first respondent as a trade union representing managerial employees in the banking sector. The appellant argued that managerial employees should not be allowed to form a trade union under section 45(1)(b) of the Labour Act and public policy.

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