{"id":7414,"date":"2025-06-20T09:54:05","date_gmt":"2025-06-20T09:54:05","guid":{"rendered":"http:\/\/zimgbcnews.co.zw\/?p=7414"},"modified":"2025-06-20T09:54:07","modified_gmt":"2025-06-20T09:54:07","slug":"labour-court-rules-in-favour-of-lobels-biscuits-workers-orders-reinstatement","status":"publish","type":"post","link":"http:\/\/zimgbcnews.co.zw\/?p=7414","title":{"rendered":"Labour Court Rules in Favour of Lobels\u2019 Biscuits Workers, Orders Reinstatement"},"content":{"rendered":"\n<p>Innocent Sibonginkosi Ncube<br>Bulawayo \u2013 The Labour Court has overturned the dismissal of 120 Lobels\u2019 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.<\/p>\n\n\n\n<p>Justice Hove, presiding over the case, found that the workers\u2019 absence did not meet the legal threshold for dismissal under Zimbabwe\u2019s labour laws.<\/p>\n\n\n\n<p>The court ordered their immediate reinstatement with full back pay or, alternatively, compensation for unfair dismissal.<\/p>\n\n\n\n<p>Background: A Dispute Over Unpaid Wages<\/p>\n\n\n\n<p>The conflict began in 2022 when Lobels\u2019 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\u2019 salaries to meet industry standards and pay outstanding overtime dating back to 2020.<\/p>\n\n\n\n<p>Frustrated by the employer\u2019s inaction, the employees staged a \u201cstay-in\u201d protest at the workplace from 24 to 30 November 2022, refusing to work but remaining on-site. Lobels\u2019 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.<\/p>\n\n\n\n<p>The Dismissal and Appeal<\/p>\n\n\n\n<p>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\u2019s absence, resulted in mass dismissals.<\/p>\n\n\n\n<p>The workers appealed, arguing:<\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li>They were present during the \u201cstay-in\u201d protest (24\u201330 November), meaning they were not legally \u201cabsent.\u201d<\/li>\n\n\n\n<li>The High Court interdict prevented them from working (30 November\u201312 December), making their absence involuntary.<\/li>\n\n\n\n<li>The company hired replacements, effectively locking them out before the disciplinary process concluded.<\/li>\n<\/ol>\n\n\n\n<p>Court\u2019s Decision: Absenteeism Charge Invalid<\/p>\n\n\n\n<p>Justice Hove ruled that:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Physical presence at the workplace, even during a protest, negates an absenteeism charge.<\/li>\n\n\n\n<li>Days under the interdict and suspension (5 December) could not count as absenteeism, reducing the alleged absence to four days\u2014below the five-day threshold for dismissal.<\/li>\n\n\n\n<li>The dispute stemmed from Lobels\u2019 failure to honour the NEC settlement, justifying the workers\u2019 collective action.<\/li>\n<\/ul>\n\n\n\n<p>\u201cWhere an employer prevents an employee from attending work, it cannot subsequently charge that employee with absenteeism for complying with that restriction,\u201d the judgment stated, citing precedent (Makovere v Zvimba RDC).<\/p>\n\n\n\n<p>Broader Implications: Workers\u2019 Rights Upheld<\/p>\n\n\n\n<p>The court emphasized Section 2A of the Labour Act, which prioritizes social justice and fair labour practices. Justice Hove noted that Lobels\u2019 actions appeared retaliatory, aiming to silence workers demanding lawful wages.<\/p>\n\n\n\n<p>\u201cThe obligations between employer and employee are reciprocal,\u201d the judgment read.<\/p>\n\n\n\n<p>\u201cWhere the employer persistently neglects its duty to pay fairly, tensions are inevitable.\u201d<\/p>\n\n\n\n<p>Relief Granted<\/p>\n\n\n\n<p>The court ordered:<\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li>Reinstatement of all 120 workers with full back pay and benefits.<\/li>\n\n\n\n<li>Alternative compensation if reinstatement is impractical, with damages to be negotiated or set by the court.<\/li>\n<\/ol>\n\n\n\n<p>Reactions<\/p>\n\n\n\n<p>Workers\u2019 representative Mr. Bright Chisveto hailed the ruling as a victory for labour rights:<\/p>\n\n\n\n<p>\u201cThis judgment affirms that workers cannot be punished for protesting unfair treatment. The law protects their right to demand dignity and fair wages.\u201d<\/p>\n\n\n\n<p>Lobels\u2019 Biscuits\u2019 legal representative, Mr. D. Peneti, had argued the dismissals were justified due to operational disruptions but did not immediately comment on the verdict.<\/p>\n\n\n\n<p>Next Steps<\/p>\n\n\n\n<p>Lobels\u2019 Biscuits must now comply with the court\u2019s order or face further legal action.<\/p>\n\n\n\n<p>The case highlights the importance of adhering to labour agreements and the judiciary\u2019s role in safeguarding workers against unfair dismissals.<\/p>\n\n\n\n<p><strong>Zim GBC News\u00a92025<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Innocent Sibonginkosi NcubeBulawayo \u2013 The Labour Court has overturned the dismissal of 120 Lobels\u2019 Biscuits (Pvt) Ltd employees, ruling that their alleged absenteeism was justified due to unresolved labour disputes&hellip; <\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[],"class_list":["post-7414","post","type-post","status-publish","format-standard","hentry","category-local-news"],"_links":{"self":[{"href":"http:\/\/zimgbcnews.co.zw\/index.php?rest_route=\/wp\/v2\/posts\/7414","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/zimgbcnews.co.zw\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/zimgbcnews.co.zw\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/zimgbcnews.co.zw\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/zimgbcnews.co.zw\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=7414"}],"version-history":[{"count":1,"href":"http:\/\/zimgbcnews.co.zw\/index.php?rest_route=\/wp\/v2\/posts\/7414\/revisions"}],"predecessor-version":[{"id":7415,"href":"http:\/\/zimgbcnews.co.zw\/index.php?rest_route=\/wp\/v2\/posts\/7414\/revisions\/7415"}],"wp:attachment":[{"href":"http:\/\/zimgbcnews.co.zw\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7414"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/zimgbcnews.co.zw\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7414"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/zimgbcnews.co.zw\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7414"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}