UNIVERSITY OF ZIMBABWE

2020 January Supplementary Examinations

Faculty of Commerce

Management Development Unit (MDU)

Executive Certificate in Labour Relations Management

Paper Title: Labour Disputes, Conciliation and Arbitration

Duration: 3 Hours

Examiner: Mr S. Chatsama

24 January 2020 0900-1200Hrs

INSTRUCTIONS:

1. This paper contains…6. Questions

2. Answer Question one (1) and any other three (3) questions. .
3. Start each question on a new page
4. This question paper comprises…3…..printed pages
5. No authorized material

NB: DO NOT TURN OVER THE QUESTION PAPER OR COMMENCE WRITING

UNTIL INSTRUCTED TO DO SO.

1
QUESTION ONE (COMPULSORY)

‘Ruth Chikosi was employed as the Senior Internal Auditor of PTY Ltd, a construction
company, from July 1996. During that period she was the Head of internal audit
department of the company with four internal auditors as her subordinates. She reported
directly to the Chief Executive Officer on operational issues as well as to the Chairman of
the Board of Directors of the company. Ruth attended all management meetings as Head
of Audit as well as all meetings for the Audit Committee of the Board. One Monday
morning in April 2017, as she was sitting in her office, Ruth was surprised to see a job
advert in the local newspaper for the position of Chief Internal Auditor for PTY Ltd,
reporting to the Chief Executive Officer as well as to Chairman of the Board. Ruth
examined the job advert and noticed that the job description was ‘word-for-word’ similar
to the advert to which she responded to in 1996 save for the job title. Ruth did not apply
and two months later Peter Dube was recruited as the Chief Internal Auditor of the
company. Ruth was then advised by the Chief Executive Officer that she was now
reporting to Peter Dube since he had been recruited as the Chief Internal Auditor and the
Head of the internal audit function. She was also advised that she was no longer allowed
to attend management meetings, board committee meetings since the Head of Audit was
now present. Ruth was also directed to surrender the company car that she was using as
Head of Audit as well as to vacate her office so that it can be used by Peter. She was also
stripped of all benefits that she used to receive as Head of Audit. Frustrated by the turn of
things, Ruth left the organization without formal notification.

Knowing that you are a Labour Consultant, Ruth approached you for advice.
Required:
Advise Ruth on the position of the law on her issue as well as her rights.
[25]

2
QUESTION TWO

Discuss the various forms of employment termination and outline the challenges faced by
employees when employment contracts are terminated using each one of the termination
forms identified. [25]

QUESTION THREE

Explain the importance of a grievance handling procedure to organisations in Zimbabwe.

[25]

QUESTION FOUR

‘Explain the importance of SI 15/2006 to employers and employees in Zimbabwe.

[25]

QUESTION FIVE

Explain the procedural issues to be considered in the arbitration process in Zimbabwe.

[25]

QUESTION SIX

Using relevant case law, explain the following employee duties:

a) Duty to obey lawful orders [10]
b) Duty to act in good faith [8]
c) Duty of competency and efficiency [7]

END OF EXAMINATION PAPER