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Labour Court delivers landmark ruling on impact of ZESA load-shedding on remuneration |
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Last week commenced with a significant ruling in the Labour Court in which all but affirmed the paradigm shift from collective bargaining to productivity bargaining in the country's industrial relations. Lately, there have been growing calls by employers for the adoption of productivity bargaining in Zimbabwe in view of the various supply-side constraints to capacity utilization across the key manufacturing sector.
In the case under review, the Labour Court ruled that companies are allowed to enter into agreements to pay their workers only for the time worked. This followed an application by a local company to have its appeal granted in a case in which it had been taken to court by an employee contesting the deduction on his salary for the hours he had not worked due to power cuts. The company argued that the deduction of the salary was part of an agreement entered into between workers and the employer as shop-floor initiative to save jobs in view of excessive load-shedding by ZESA.
The court case Nyakudarikwa vs. Adhesive Tapes affirms the growing realisation that this country needs to emphasise productivity bargaining if it is to experience productivity gains or improvements in view of the low levels of labour productivity. But what is productivity bargaining and how does it differ from collective bargaining? Why should employers prefer the former over the latter under the current dispensation?
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Firm to be represented at the IBA 23rd Annual Communications and Competition Law Conference, Lisbon |
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Arguably, the internet now plays the biggest role in the dissemination of information and it continues to place itself as an almost indispensable medium in the conducting of regional and international trade and business. Given the global nature of the internet, it was therefore only a matter of time before the international legal community realized the need for domestic laws to evolve and to be harmonized in a bid to appropriately cater for the legal issues surrounding the use of such a phenomenal medium. At Mawere & Sibanda, we are cognizant of the inevitable - that in the not too distant future, (if not at present) expertise in Communications and Technology Law shall be a vital aspect of any legal practice as local banks, consumers, regulatory authorities, businesses, the media, hospitals and learning institutions increasingly seek guidance and protection in their use of the internet and e-commerce.
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The Firm Announces Three New Associate Partners |
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Mawere & Sibanda Legal Practitioners is pleased to announce the elevation of three Professional Assistants to the positions of Associate Partners with effect from 1 January 2012. The three are:
REGIS CHAWATAMA
 Regis has been with the firm since 2006. He briefly left the firm to study towards an LLM (Commercial Law) with the University of Cape Town. Regis rejoined the firm in 2010. His specialty is Civil Litigation,Banking law and Alternative Dispute Resolution. He also lectures a course on Alternative Dispute Resolution at the Law faculty of the Midlands State University.
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Head of Intellectual Property law department headed for 134th INTA Conference, Washington DC |
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By Sharon Bwanya
Mr. Alec T. Muza, Senior Associate Partner and head of the firm’s Intellectual Property law department, will be attending the 134th Annual Meeting of the International Trademark Association. The meeting is scheduled to run from the 5th May 2012 to the 9th May 2012 at the Walter E. Washington Convention Centre in Washington DC. He will be accompanied by Mr. Phemelo Rankoro, a professional assistant from the intellectual property law department of our Botswana associate firm, Makuyana Legal Practice.
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