Jinon Corporation (Private) Limited & Almid (Private) Limited v E. Mandizvidza & 92 Others & S. Dhliwayo & 119 Others & Minister of Public Service, Labour and Social Welfare N.O.

[2022] ZWLC 1

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Case Details

Court

Labour Court

Date

5 January 2022

Citation

[2022] ZWLC 1

Judgment No.

LC/H/01/2022

Outcome

unknown

Case Type

Application

Bench

Presiding

B.T. Chivizhe

Full Bench

B.T. Chivizhe

Areas of Law

Labour LawCollective BargainingTrade Union Law

Keywords

collective job actionunlawful strikeFAMWUZoccupational hazardSection 104 Labour Act

Key Issues

{"issue_text":"Whether the collective job action was lawful under Section 104 of the Labour Act","issue_type":"law","dispositive":"yes","related_facts":"7-day notice given instead of 14 days; dispute over union recognition and working conditions"}
{"issue_text":"Whether employees were exempt from notice requirements due to occupational hazard","issue_type":"mixed","dispositive":"no","related_facts":"Employees claimed unsafe working conditions; employers denied immediate threat"}
{"issue_text":"Whether FAMWUZ should be deregistered for inciting unlawful strike","issue_type":"law","dispositive":"no","related_facts":"Employers alleged FAMWUZ officials incited strike; court found no jurisdiction"}

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background

Facts of the Case

Background

Two mining companies sought disposal orders declaring collective job action by their employees unlawful. The employees, represented by FAMWUZ, had engaged in strike action from 18-24 November 2021 over working conditions and union recognition. The employers argued the strike violated Section 104 requirements, while employees claimed it was justified due to occupational hazards.

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