By A Correspondent| A Labour Court ruling has ordered the National Employment Council for Zimbabwe School Development Associations and Committees (NEC-ZSDAC) to admit the National Association of School Development Associations and Committees (NASDAC) into collective bargaining negotiations marking a significant victory for the employers’ group.
Labour Court Judge Justice Godfrey Musariri recently handed down the ruling following a contentious legal battle in which NASDAC accused NEC-ZSDAC of unlawfully excluding it from negotiations that shaped the latest Collective Bargaining Agreement (CBA) for the sector.
NASDAC argued that as a registered employers’ organization within NEC-ZSDAC’s jurisdiction, it had a legal right to participate in wage and working condition negotiations.
The association accused NEC-ZSDAC of acting in bad faith by refusing its membership despite the Labour Amendment Act No. 11 of 2023 mandating the admission of new members into employment councils.
“For years, NASDAC has been sidelined in negotiations, denying our members the right to contribute to decisions that impact them directly,” NASDAC’s legal representative, Jon Kadoko, told the court.
In its defense, NEC-ZSDAC represented by attorney Caleb Mucheche, contended that NASDAC was not yet a recognised member and could only participate in bargaining after amendments to its constitution were approved by the Registrar of Labour.
It argued that while NASDAC members had access to NEC services, the group was not entitled to a seat at the bargaining table.
Justice Musariri found NEC-ZSDAC’s justification for exclusion legally flawed, ruling that NASDAC had a statutory right to participate in negotiations.
He noted that Section 29(5) of the Labour Act grants registered employers’ organizations the right to representation in employment councils and that NEC-ZSDAC had not provided legal grounds for delaying NASDAC’s admission.
“The first respondent has not cited the basis upon which its constitution can override the statutory provisions of Section 29(5),” Justice Musariri said in his judgment.
However, the judge declined to nullify the contested CBA, which was negotiated without NASDAC citing the involvement of a third party the Zimbabwe Schools Development Associations and Committees (ZSDAC) which was not included in the lawsuit.
The ruling mandates NEC-ZSDAC to include NASDAC in future bargaining negotiations, potentially reshaping employer representation within the education sector.
However, it stops short of overturning the current agreement, meaning NASDAC must wait until the next round of talks to exert influence.