ISSN: 2226-6348
Open access
This research addresses the profound implications of applying common law in resolving labor disputes amidst Zimbabwe's stark unemployment rate exceeding 90%. Employing mixed research methods, including a structured questionnaire administered to 400 respondents and qualitative data from focus group discussions and interviews, the study explores the detrimental effects. In the study, the collected data underwent rigorous statistical analysis including Chi-Squared tests, Cramer’s V Test, and Regression tests. These analytical methods were employed to examine the relationships and significance between variables related to the impact of common law on job security in Zimbabwe's private sector. The Chi-Squared test assessed the independence between categorical variables, providing insights into patterns and associations. Cramer’s V Test measured the strength of these associations, highlighting the magnitude of relationships observed. It reveals that common law, particularly influenced by the Zuva Judgment precedent, has severely eroded job security for countless employees who face termination notices without adequate recourse. This insecurity breeds profound distrust among remaining employees, who live under constant threat of dismissal. The study highlights how the Zuva Judgment undermines permanent employee protections, enabling termination with minimal compensation, exacerbating uncertainty and fear in the workplace. Moreover, common law's broad discretionary powers empower employers to exploit loopholes, potentially leading to discriminatory practices under the guise of lawful termination. In essence, the application of common law in labor dispute resolution undermines the security of tenure across all employment grades. Recommendations include judicial reforms to advocate legislative safeguards for employee rights, consideration of public opinion in labor judgments, and the implementation of robust company policies and conflict resolution mechanisms by employers. Emphasizing a shift towards high-performance workplaces through training, employee involvement, teamwork, and information sharing emerges as pivotal for mitigating workplace conflicts in Zimbabwe's challenging economic environment.
Abass, A. (2014). Complete international law: text, cases, and materials. Oxford University Press, USA.
Aborisade, F. (2015). Determination of Contract of Employment in Nigeria, South Africa & Zimbabwe. Ibadan, Humanista Consult Ltd. & Centre for Labour Studies, 7.
Abuza, A. E. (2023). Curbing Unfair-Dismissal of Workers in Nigeria: What Lessons from other Countries?. Society, Development and Commercial Law review, 1(1), 1-21.
Adams, G. B. (1924). The Origin of the Common Law. The Yale Law Journal, 34(2), 115-128.
Akanle, K.B. (2015). Unfair Labour Practices in Industrial Relations and the Role of the National Industrial Court. ABUAD Law Journal, 1(3), 6.
Akinselure, J. O. (2021). Necessity of Disclosing Reasons for Termination of Employment: Dissecting the Radical Departure from the Common Law Principle of Termination at Will. Journal of Commercial and Property Law, 8(3), 126-134.
Al Qalhati, N., Karim, A. M., Al Mughairi, B., Al Hilali, K., & Hossain, M. I. (2020). Study on Job Satisfaction among Teachers in Sultanate of Oman. International Journal of Academic Research in Business and Social Sciences. 10(10), 422-434.
Bendeman, H. (2007). Alternative Dispute Resolution (ADR) in the workplace-the South African experience. African Journal on Conflict Resolution, 7(1), 137-161.
Bhebhe, T. & Warinda, B. (2018). An Analysis of the Effectiveness of Disciplinary Procedures on Company Performance. Journal of Humanities and Social Science (IOSR-JHSS). 24 (2), 59-68.
Bhebhe, T., Nair, S., Sifile, O., Frank, R., & Chavunduka, D. (2015). The Paradox of Educated Youth Unemployment in Zimbabwe: A case of scarcity in the midst of plenty: a review. E-Journal of Humanities Arts and Social Sciences, 13(6):1-23
Blalock, C. (2022). Introduction: Law and the Critique of Capitalism. South Atlantic Quarterly, 121(2), 223-237.
Block, F. (2021). The ruling class does not rule: Notes on the Marxist theory of the state. In The political economy: Readings in the politics and economics of American public policy (pp. 32-46). Routledge.
Bogg, A. (2016). Common Law and Statute in the Law of Employment. Current Legal Problems, 69(1), 67-113.
Brand, J. E. (2015). The far-reaching impact of job loss and unemployment. Annual review of sociology, 41(1), 359-375.
Chianu, E., (2004). Nigerian Courts and Strike-Induced Dismissals. KNUST LJ, 1, 29.
Chiduza, L. (2013). The significance of judicial independence in human rights protection: A critical analysis of the constitutional reforms in Zimbabwe (Doctoral dissertation, University of the Western Cape).
Epstein, R.A. (2014). A common law for labor relations: A critique of the new deal labor legislation. In Labor and the Constitution (pp. 51-102). Routledge.
Feltoe, G (2014). Commentary on the Criminal Law Codification and Reform Act, Legal Resources Foundation of Zimbabwe, Harare, 2014.
Gwisai, M. (2016). Labour and employment law in Zimbabwe. (3rd Ed.) Zimbabwe Labour Centre. Harare.
Gwisai, M. (2021). Access to Labour Justice and Procedural Barriers in Commencement of Proceedings: A Paradigm Shift in Zimbabwean Court Practice or a Judicial Mirage?. Glob. Lab. Rts. Rep., 1, 15.
Javed, M., Hock, O. Y., & Asif, M. K., Hossain, M. I. (2020). Assessing the Impact of Emotional Intelligence on Job Satisfaction among Private School Teachers of Hyderabad, India. International Journal of Psychosocial Rehabilitation. 24(4). 5035-5045
Madhuku, L. (2015). Labour law in Zimbabwe. Weaver Press.
Madzingira, F. (2015).Terminating Employee Rights: A Discussion of Nyamande and another v Zuva Petroleum (OxHRH Blog, 11th August 2015)
Matsikidze, R. (2017). Strengthening legislations as a way to combat sexual harassment at workplace and in universities in Zimbabwe. https://zimlii.org/akn/zw/doc/journal-article/2017-01-01/strengthening-legislations-as-a-way-to-combat-sexual-harassment-at-workplace-and-in-universities-in-zimbabwe/eng@2017-01-01
Mucheche, C. (2017). A legal analysis of retrenchment and termination of employment under the Labour Laws of Zimbabwe ushered in by the Labour Amendment Act, 2015. The Zimbabwe Electronic Law Journal, 2(1), 1-5.
Mucheche, C. H. (2014). A practical guide to labour law, conciliation, mediation & arbitration in Zimbabwe. https://lawcat.berkeley.edu/record/378757
Taurai, S., Hock, O., George, D., Shakemore, C., & Gombingo, A. M. (2024). Examining the Impact of Common Law on Job Security in Zimbabwe’s Private Sector Legal Insights and Employee Perspectives. International Journal of Academic Research in Progressive Education and Development, 13(4), 724–730.
Copyright: © 2024 The Author(s)
Published by HRMARS (www.hrmars.com)
This article is published under the Creative Commons Attribution (CC BY 4.0) license. Anyone may reproduce, distribute, translate and create derivative works of this article (for both commercial and non-commercial purposes), subject to full attribution to the original publication and authors. The full terms of this license may be seen at: http://creativecommons.org/licences/by/4.0/legalcode