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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