Abstract

KASUSO, Tapiwa G  and  MADEBWE, Tinashe. The protection of individual labour rights in Zimbabwe. Afr. hum. rights law j. [online]. 2021, vol.21, n.1, pp.552-572. ISSN 1996-2096.  http://dx.doi.org/10.17159/1996-2096/2021/v21n1a23.

The protection of individual labour rights in Zimbabwe is deficient despite the fact that the Constitution protects these rights. In looking to explore how this could be addressed, this article considers the evolution of the state's obligation to protect individual labour rights to this point and relies on individual labour rights protection at a global level with particular insights drawn from the approach taken to the protection of these rights in two jurisdictions, namely, England and South Africa. The approach to the protection of individual labour rights in these two jursidictions has influenced the Zimbabwean approach to highlight that effective protection of individual labour rights is possible only when courts actively look to protect these rights. The article argues that the reason for deficiencies in the Zimbabwean approach is the fact that courts are not doing enough to protect individual labour rights in Zimbabwe. The solution to this issue, therefore, lies in Zimbabwean courts taking a more proactive role in protecting individual labour rights.

Keywords : labour rights; constitutionalism; individual labour rights; codification; acccess to court.

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