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Jurisdiction of the Labour Court of Zimbabwe

In: English and Literature

Submitted By jurist
Words 1826
Pages 8
The issue of the jurisdiction of the Labour Court is a classic instance of the Labour Act( [chapter 28:01])is a classic instance in spite of having patently pluralist motivations still being unable to withstand the unitarist imprint of our legal system as reflected in the common law, all this in the midst of inherent class warfare. As such, any attempt to lay the blame for the problems bedevilling the jurisdiction of the Labour Court firmly on the door of poor draftsmanship are an inaccurate reading of what is, as will be discussed in the course of this essay, a much more complex problem.

It is pertinent as a starting point to deal with the matter of the exclusive jurisdiction of the Labour Court in labour related matters, an aspect that suprisingly has troubled many a legal practitioner as the numerous High Court cases over the matter suggest. Section 89 of the Labour Act deals with the functions, powers and jurisdiction of the Labour Court. Section 89(6) of the Act states, 'no court, other than the Labour Court, shall have jurisdiction in the first instance to hear and determine any application, appeal or matter referred to in subsection (1)' and subsection (1) provides inter alia in the applicable paragraph that the Labour Act shall exercise the functions of, 'hearing and determining applications and appeals in terms of this Act or any other enactment.' The import of sections 89(6) and 89(1)(i) of the Act when read in toto is clear and unambiguous to the effect that all labour disputes be dealt with to the exclusion of any other court by the Labour Court, at least in the first instance thus establishing an exclusive jurisdiction over labour related matters. This conclusion is fortified by Makarau JP (as she then was) in the case of DHL International (Pvt) Ltd v Madzikanda( HH – 51 - 2010) wherein in page 2 of the cyclostyled judgment the learned Judge President

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