The recent judgment by Chief Justice Luke Malaba giving a reprieve to fired workers under the infamous July 17 Chief Justice Godfrey Chidyausiku judgment has been described as progressive as it promotes fairness between employers and employees.
Thousands of workers were fired on a three months notice period in 2015 and most are wallowing in poverty as they never received their packages.
However, Chief Justice Malaba recently delivered a judgement mandating employers to pay retrenchment packages to fired workers.
Legal experts have described the latest ruling as people-centred and one that balances the unequal relationship between workers and employers.
“This judgment is people-centred and it contributes much to economic recovery as it shows respect to workers. We commend this development and it will foster better relations between the ordinary citizens and the judiciary,” Law Society of Zimbabwe President, Mr Misheck Hogwe said.
“Chief Justice Malaba and his bench managed to interpret a legislation which appears to have been misinterpreted resulting in hundreds of employees being rendered jobless. The ruling managed to strike a balance between workers and employees. Also, there is nothing illegal about applying a law in retrospect when dealing in civil laws,” a legal expert, Mr Zivanai Makwanya said.
Another legal expert, Mr Tapson Dzvetero said the development shows that labour laws are promoting both the interests of the workers and the employers.
“This is a positive and welcome development that shows our labour laws are in favour of both the employees and employers unlike the picture which was painted following the Chidyausiku judgment. Workers are now able to get their terminal benefits,” he said.
The latest judgment directed employers to pay retrenchment packages to workers fired under the July 1 7 judgement.
The interpretation was centred on the application of law in retrospect and it has been established that there is no law that prohibits the application of law in retrospect in civil matters.