The constitutional protection of the right to collective job action in Zimbabwe: a comparative analysis

Abstract

The right to participate in collective job action is the most formidable weapon in employees’ arsenal, without which workers’ autonomy and democracy in the workplace would be under persistent onslaught. This article assesses whether Zimbabwe’s constitutional protection of collective job action accords with general trends in comparative jurisdictions such as South Africa, Kenya and Australia. Further, the article establishes that Zimbabwe’s 2013 Constitution is progressive on the right to collective job action. However, it fails to offer adequate constitutional protections and guarantees for the right. There are also several disconnects between the Constitution and the Labour Act. Additionally, Zimbabwe’s legal and institutional framework is lagging behind when compared to other jurisdictions from which lessons can be drawn. The article makes constitutional, legislative, institutional and administrative recommendations with a view to enhancing the protection, enforcement and promotion of the right to collective job action in Zimbabwe.