Nullity Of Marriage
The High Court has the power to declare a ‘marriage’ void where the grounds for doing so exist. Where there is a declaration of nullity it is as if the parties never entered into a marriage at all.
Legal Advice
Variation Of Employment Contracts
Once the parties have agreed on the essential terms of the contract, its terms are fixed in the sense that neither party may unilaterally vary them unless the original contract provides for variation. Statutorily, the Labour Act Chapter 28:01 states that one of its objectives is to promote the participation by employees in decisions affecting …
Rights Of Custodian Parent In Zimbabwe
Custody refers to a person’s capacity physically to have the child with him or her and to control and supervise the child’s daily life (J. Heaton, South African Family law, page 171). The issue of custody of a minor child becomes relevant when parents are divorced, separated or living apart. When granting a decree of …
Suspension From Employment
Suspension in employment law terms refers to a disciplinary related measure whereby an employee is sent away from work for a specific period of time with or without pay. Suspension may be of two kinds; it may be imposed either as a precautionary measure to enable the employer to carry out investigations pertaining to a …
Non-Disclosure Agreements (NDA)
A non-disclosure agreement (NDA) is a legally binding contract that establishes a confidential relationship. The party or parties signing the agreement decide that sensitive/confidential information exchanged for a particular purpose will not be made available to third parties. An NDA may also be referred to as a confidentiality agreement. A non-disclosure agreement is one of …
Sharing Of Property On Dissolution Of Unregistered Customary Union
In a number of cases people are married customarily and their marriages are not registered hence the reference to unregistered customary union. Different legal principles apply to the sharing of property upon dissolution of an unregistered customary union. Thus, the Matrimonial Causes Act which applies to the division of property on termination of a marriage …
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The Right To Strike In Zimbabwe
A collective job action, commonly referred to as a ‘strike’ is a concerted industrial action resulting in cessation of work calculated to persuade or cause a party to an employment relationship to accede to a demand related to employment and it includes a strike, work boycott, lock out, sit in or sit out or any …
Distinguishing Between An Employee And An Independent Contractor
The first question to be asked when seeking to resolve any labour law dispute is whether the parties are indeed ‘employees’ and ‘employers’ within the meaning of the Labour Act Chapter 28:01 or the common law. If they are not, then the Labour Act and other relevant statutory instruments do not apply to them. In …
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Non-Marriage Certificate
A Non-Marriage Certificate is a document issued by the Registrar of Marriages confirming a person’s marital status. It is usually required where a Zimbabwean national intends to marry abroad or where a Zimbabwean intends to marry a foreigner in Zimbabwe. For this reason, it is sometimes referred to as a Certificate of Freedom to Marry …
Unfair Labour Practices
The purpose of the Labour Act Chapter 28:01 is to advance social justice and democracy at the workplace by seeking to promote fair labour standards among other things.(S 2A (1)(d). In line with this purpose, the Act defines certain acts or omissions which constitute ‘unfair labour practices by employer’. The Act provides that an employer …