What are the different types of labour disputes in Zimbabwe?

The Labour Act [Chapter 28:01] governs employment and labour issues in Zimbabwe. It also prescribes the different types of labour disputes in Zimbabwe. There are generally two types of labour disputes in Zimbabwe, namely: (a) disputes of interest and (b) disputes of right.

Section 2 of the Labour Act [Chapter 28:01] defines the term dispute of interest to mean:

“Dispute of interest means any dispute other than a dispute of right.”

It is important to note that disputes of interests depend on whether or not an essential service is involved. If an essential service is involved, the dispute must be referred to compulsory arbitration. see L Madhuku, Labour Law in Zimbabwe (Weaver Press 2015) at 363.

The Constitutional Court in Isoquant Investments (Pvt) Ltd t/a ZIMOCO v Darikwa 2020 (1) ZLR 1268 (CC) 1280 held that:

“Only disputes of interest are referable to arbitration after a certificate of no settlement has been issued in terms of s 93(3) of the Act. Where the parties in a dispute of interest are engaged in an essential service, the labour officer must refer the dispute to compulsory arbitration. Where the parties in a dispute of interest are not engaged in an essential service, the labour officer may refer the dispute to voluntary arbitration with the agreement of the parties.”

Section 2 of the Labour Act [Chapter 28:01] defines the term “dispute of right” as follows:

“dispute of right means any dispute involving legal rights and obligations, including any dispute occasioned by an actual or alleged unfair labour practice, a breach or alleged breach of this Act or any regulations made under this Act, or a breach or alleged breach of any of the terms of a collective bargaining agreement or contract of employment.”

The Supreme Court in Zimbabwe Graphical Workers Union v Federation of Master Printers of Zimbabwe & Another 2007 (2) ZLR 103 (S) held that in labour matters, broadly speaking, disputes of right concern the infringement, application or interpretation of existing rights embodied in a contract of employment, collective bargaining agreement or statute, while disputes of interest (or economic disputes) concern the creation of fresh rights, such as higher wages, modification of existing collective bargaining agreements.