Innocent Sibonginkosi Ncube
Bulawayo – The Labour Court has overturned the dismissal of 120 Lobels’ Biscuits (Pvt) Ltd employees, ruling that their alleged absenteeism was justified due to unresolved labour disputes and a High Court interdict barring them from the workplace.
Justice Hove, presiding over the case, found that the workers’ absence did not meet the legal threshold for dismissal under Zimbabwe’s labour laws.
The court ordered their immediate reinstatement with full back pay or, alternatively, compensation for unfair dismissal.
Background: A Dispute Over Unpaid Wages
The conflict began in 2022 when Lobels’ Biscuits failed to comply with a Certificate of Settlement issued by the National Employment Council (NEC) for the Food Industry. The agreement required the company to adjust workers’ salaries to meet industry standards and pay outstanding overtime dating back to 2020.
Frustrated by the employer’s inaction, the employees staged a “stay-in” protest at the workplace from 24 to 30 November 2022, refusing to work but remaining on-site. Lobels’ Biscuits responded by securing a High Court interdict on 30 November, prohibiting the workers from entering company premises. Police enforced the order, forcibly removing the protesters.
The Dismissal and Appeal
The company later charged the workers with absenteeism under the Labour Act, alleging they were absent for 13 days without leave. A disciplinary hearing, held in their legal representative’s absence, resulted in mass dismissals.
The workers appealed, arguing:
- They were present during the “stay-in” protest (24–30 November), meaning they were not legally “absent.”
- The High Court interdict prevented them from working (30 November–12 December), making their absence involuntary.
- The company hired replacements, effectively locking them out before the disciplinary process concluded.
Court’s Decision: Absenteeism Charge Invalid
Justice Hove ruled that:
- Physical presence at the workplace, even during a protest, negates an absenteeism charge.
- Days under the interdict and suspension (5 December) could not count as absenteeism, reducing the alleged absence to four days—below the five-day threshold for dismissal.
- The dispute stemmed from Lobels’ failure to honour the NEC settlement, justifying the workers’ collective action.
“Where an employer prevents an employee from attending work, it cannot subsequently charge that employee with absenteeism for complying with that restriction,” the judgment stated, citing precedent (Makovere v Zvimba RDC).
Broader Implications: Workers’ Rights Upheld
The court emphasized Section 2A of the Labour Act, which prioritizes social justice and fair labour practices. Justice Hove noted that Lobels’ actions appeared retaliatory, aiming to silence workers demanding lawful wages.
“The obligations between employer and employee are reciprocal,” the judgment read.
“Where the employer persistently neglects its duty to pay fairly, tensions are inevitable.”
Relief Granted
The court ordered:
- Reinstatement of all 120 workers with full back pay and benefits.
- Alternative compensation if reinstatement is impractical, with damages to be negotiated or set by the court.
Reactions
Workers’ representative Mr. Bright Chisveto hailed the ruling as a victory for labour rights:
“This judgment affirms that workers cannot be punished for protesting unfair treatment. The law protects their right to demand dignity and fair wages.”
Lobels’ Biscuits’ legal representative, Mr. D. Peneti, had argued the dismissals were justified due to operational disruptions but did not immediately comment on the verdict.
Next Steps
Lobels’ Biscuits must now comply with the court’s order or face further legal action.
The case highlights the importance of adhering to labour agreements and the judiciary’s role in safeguarding workers against unfair dismissals.
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