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INSTITUTE OF PEOPLE MANAGEMENT OF ZIMBABWE

CERTIFICATE IN LABOUR LAW, CONCILIATION AND ARBITRATION

COURSE CONTENT

HARARE

2019
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CERTIFICATE IN LABOUR LAW, CONCILIATION AND ARBITRATION

Justification:

HR Professionals and Line Managers are responsible for the administration and effective
discharge of labour law matters in their day to day operations. The Institute seeks to equip
practicing HR professionals and Line Managers with practical skills that enables them to
execute their duties in a manner that improves the industrial relations climate and ultimately
productivity for their organisations. IPMZ has partnered with leading labour lawyers in offering
a practical course that will equip participants with specialized skills to manage labour matters.
While this course will not make the participants labour lawyers, it helps significantly in
enhancing managers’ understanding and application of labour law. A balance has been
carefully crafted to ensure both theory and practice is promoted in this course. Participants
will receive practical solutions to matters they face on a daily basis.
1. Minimum Entry Requirements:
 5 Ordinary Level passes including English Language or Literature in English
 Applicants must be practicing HR professionals, aspiring HR professionals or Line Managers
2. Duration:
The duration of the course will be 5 weeks with classes on the dates to be advised. (A detailed
calendar for each course period will be availed to registered students)

3. Costs:
Contact the IPMZ Office for current fees

4. Assessment
 Module Assignments which will contribute 30% to the final mark
 Theoretical Exam which will contribute 70% of the final mark
Course Content

PART 1 - INTRODUCTION TO LABOUR LAW

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1.1 Meaning of labour law

a. Labour law defined
b. History of labour law
c. Labour law distinguished from labour relations

1.2 Purpose and function of labour law

a. To do justice
b. To preserve peace and order
c. To enforce morality
d. To promote productivity

1.3 Sources of labour law

a. International labour law
b. National legislation including the Constitution of Zimbabwe
c. Common law
d. Custom and practice
e. Authoritative texts

1.4 Tribunal and Court structures in Zimbabwe

a. Sui generis labour tribunals,
i. Registrar of Labour;
ii. Disciplinary authorities;
iii. Labour officers and designated agents; and
iv. Arbitrators

b. Courts of law with special emphasis on the Labour Court

PART 2 - INDIVIDUAL LABOUR LAW

2.1 Fundamentals of a contract of employment
a. The Law of contract and contract of employment defined
b. Legal requirements for a valid contract of employment
c. Fundamental common law and statutory rights and obligations of
employers
d. Fundamental common law and statutory rights and obligations of
employees
e. Difference between rights and privileges
f. Termination of employment through inter alia
i. Summary dismissal;
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ii. Constructive dismissal;

iii. Resignation;
iv. Mutual agreement;
v. Retirement;
vi. Notice;
vii. Incapacitation due to illness; and
viii. Death

PART 3 - COLLECTIVE LABOUR LAW

3.1 Freedom of association

a. Formation and functions of employee and employer representative

bodies, that is-

i. Workers Committees, including managerial workers

committees;
ii. Trade Unions and federations of trade unions; and
iii. Employers’ organisations and federations of employers’
organisations

b. Formation and functions of tripartite and bipartite labour market

institutions, namely-

i. Tripartite negotiating forum;

ii. Works Councils; and
iii. Employment Councils

3.2 Organisational rights including collective job action

3.3 Consultations and Collective Bargaining defined and distinguished

3.3 Collective job action, including picketing and lockouts

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PART 4 - DISPUTE RESOLUTION

4.1 Litigation
a. History of litigation of labour disputes in Zimbabwe
b. Advantages and disadvantages of litigation
c. Specific case law/precedents in labour law

4.2 Alternative dispute resolution systems (ADRs)

a. History of ADRs in Zimbabwe
b. Conciliation and arbitration defined
c. The legal processes of conciliation and arbitration
d. Advantages and disadvantages of conciliation and arbitration
e. Enforceability of conciliation agreements and arbitral awards
f. Adjudication role of labour officers (including designated agents)
i. Draft rulings and the legal process of confirmation of the
same;
ii. Challenges to the current draft rulings regime; and
iii. Representation of litigants before tribunals and courts of law

PART 5 - INTERNATIONAL LABOUR LAW

5.1 International labour law defined

5.2 International labour law as a source of Zimbabwean labour law

5.3 History and structure of the International Labour Organisation (ILO)

5.4 Fundamental ILO Conventions

5.5 International labour standards and the Constitution of Zimbabwe

5.6 International labour standards and the court system in Zimbabwe

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REFERENCES

Major texts

Christie R. H, Business Law in Zimbabwe

Gwisai M, Labour and Employment Law in Zimbabwe
Grogan J, Dismissal
Madhuku L, Introduction to Law in Zimbabwe
Madhuku L, Labour Law in Zimbabwe
Mucheche C, A Practical Guide to Labour Law, Conciliation, Mediation and Arbitration in
Zimbabwe

Legislation

The Arbitration Act [Chapter 7:15]

The Labour Act [Chapter 28:01]
The Labour Amendment Act No. 5 of 2015

Labour Bills
Labour Amendment Draft Bill
Tripartite Negotiating Forum Draft Bill

Statutory Instruments

Various statutory instruments made in terms of the Labour Act including Collective
Bargaining Agreements and Codes of Conduct e.g

The Labour (Arbitrators) Regulations, S.I 173 of 2012

The Labour (Declaration of Essential Services) Regulations, S.I 137 of 2003
The Labour (General) Regulations, S.I 31 of 1993
The Labour (National Employment Code of Conduct) Regulations, S.I 15 of 2006
The Labour (Settlement of Disputes) Regulations, S.I 217 of 2003

The Labour Court Rules, S.I 150 of 2017

Collective Bargaining Agreement for the Chemicals and Fertilisers Manufacturing Industry,
S.I 31 of 2011
Collective Bargaining Agreement for the Commercial Sectors, S.I 45 of 1993
Collective Bargaining Agreement: Transport Operating Industry, S.I 67 of 2012
Collective Bargaining Agreement: Tourism Industry (General Conditions) S.I 124 of 2013

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copyright protected.