Talent Chimutambgi Review Writer
The number of workers who lost their jobs on three months’ notice termination prior to the Amendments to the Zimbabwean Labour Act (Chapter 28:01) remains unclear despite definitive figures being declared by some quarters. From various survey conducted by The Herald Review through interviews, it has emerged that most of the labour movements in the country are unable to give statistics to support the figures which they give out.

In a telephone interview, Zimbabwe Congress of Trade Unions (ZCTU) secretary general Mr Japheth Moyo his organisation is still compiling the total number but believes there are over 20 000. Mr Moyo also said that women have been more affected than men.

“From various reports we are getting from the Ministry of Labour, unions and individuals who reporting direct to the ZCTU office victims are up to 20 000 or more for the whole country, and also on gender most victims are women as compared to men because for every 5 000 people 80 percent are women,” said Mr Moyo.

But on being asked to produce a breakdown of his figure by company or even by industry Mr Moyo said that this work is in progress. Congress of Zimbabwe Trade Unions president Ms Angeline Chitambo had much to say about the terminations. She said that the Chidyausiku ruling has ushered in discomforts in the labour which was never experienced since independence in 1980, adding that the ruling has demoted the essence of labour.

“We believe the ruling opened floodgates to the worst labour culling the country has ever experienced since independence. “As the COZITU leadership we hold the view that the Chidyausiku ruling basically confirmed our long held position and apprehension that labour is treated just as one of the factors of production which can so easily be dispensed with by capital,” said Ms Chitambo.

“Whilst the Labour Act and the new Constitution talk of social justice and democracy at the workplace, the judgment removed all such rights on the part of the workers, and the attitude of business after the ruling simply confirmed their propensity to lay off employees with no compensation whatsoever,” said Ms Chitambo.

But on the number of affected workers she could not come up with a definitive figure saying that COZITU is still to come up with the final figure. “We are still collating figures to get the exact breakdown by sectors of workers dismissed in the aftermath of the ruling, but all in all our investigations have revealed that no less than 28 000 workers lost jobs in the aftermath of the Chidyausiku judgment of July 17 2015.”

She also could not give the sums that led to the figure of 28 000 citing examples of organisations whose figures have appeared in the media. “We are aware that such big organisations like NRZ, ZINARA, GMB, Air Zimbabwe, CAZ, CMED, Zimpapers (1980) and the ZBC, all laid off hundreds of workers.

“Further the private media houses as well as private sector companies went on to terminate sizable numbers of workers riding on that ruling,” she said. She said figures could be much higher than estimated because some cases may have gone unreported as some unscrupulous employers simply locked gates to the workplaces leaving workers stranded and with no one to address them about their future. She did not give a concrete example to support the assertion.

Ms Chitambo applauded the Government through the Ministry of Labour for efforts to re-look into the law but said there is need to involve all stakeholders for a lasting solution. “Whilst we take cognisance of and appreciate efforts by the government, through the Ministry of Labour, to plug the loophole of common law, in our law, by the enactment of Labour Amendment Act No. 5, as COZITU, we believe more still needs to be done.

“It is our view that a more consultative and sustainable approach has to be adopted at Tripartite level to carry out a wholesome process of labour law reform in the country, and that process should be driven by all stakeholders and should also expedite harmonisation of the Labour Act with all other pieces of laws that govern employment, for example, the Public Service Act, Urban Council Act etc.

“There is urgent need to align all labour enactments to the Constitution so as to give effect to the fundamental rights given to workers through the Constitution, for example, the right to a decent and living wage and other decent work agenda issues. “Finally, it is essential that we draw very critical lessons from the experiences of the Chidyausiku judgment, the common and important lesson is that Labour Law reform should be progressive and consultative,” said Ms Chitambo.

As of July 30, Zimbabwe Federation of Trade Unions (ZFTU) said that 16 000 workers had been fired although he gave no breakdown to show how his organisation had reached that figure. The Herald Review was unable to get in touch with him as his office said he is currently in Brazil and no one else was in a position to comment.

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