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Harare High Court

Zimbabwe Banking and Allied Workers Union & Another v Beverley Building Society & Others

HH 63-2007

Case Details

Court
Harare High Court
Date
17 September 2007
Citation
HH 63-2007
Neutral Citation
[2007] ZWHH 63
Outcome
unknown
Case Type
Application

Bench

Presiding
PATEL J
Full Bench
PATEL J
Areas of Law
Labour LawConstitutional LawAdministrative Law
Keywords
Building SocietyFinancial InstitutionSI 45 of 1993SI 273 of 2000Labour Act Chapter 28:01Section 21 ConstitutionILO Convention 87
Tags
Union duesCheck-off schemeCollective bargainingFreedom of association
legislation
Statutes Cited
  • Constitution of Zimbabwe
  • Labour Act
  • Labour Act
  • Labour Act
  • Labour Act
  • Labour Act
  • Labour Act
  • Labour Act
  • Building Societies Act
  • Banking Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Is a building society covered exclusively by SI 45 of 1993 or does it also fall within the ambit of SI 273 of 2000 as a financial institution?","issue_type":"law","dispositive":"yes","related_facts":"BBS is a building society; SI 45 includes building societies; SI 273 covers financial institutions"}
  • {"issue_text":"Do sections 52, 53 and 54 of the Labour Act obligate an employer to collect and remit union dues only in favour of a trade union which is registered to represent workers in the industry in which its employees are employed?","issue_type":"law","dispositive":"yes","related_facts":"BBS deducting for CWUZ; ZIBAWU not registered for commercial sector"}
  • {"issue_text":"Do sections 52, 53 and 54 of the Labour Act violate the freedom of association enshrined in section 21 of the Constitution as read with the relevant Conventions of the ILO?","issue_type":"constitutional","dispositive":"yes","related_facts":"Applicants claim violation of constitutional and ILO rights"}
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background
Facts of the Case

Background

The 1st applicant is a registered trade union for banking and financial institutions. The 1st respondent is a building society. Many of the 1st respondent's employees resigned from their previous union (CWUZ) and joined the 1st applicant. However, the 1st respondent continued deducting union dues for CWUZ, arguing it was bound to do so under the Commercial Sectors Agreement (SI 45 of 1993) which applies to building societies. The 1st applicant argued that building societies fall within its Banking Undertaking Agreement (SI 273 of 2000) and that the employer's refusal to deduct dues violated freedom of association.
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