Davies Ndumiso Sibanda, Labour Matters
WHILE many employers have embraced workers’ committees in the workplace, there are still many employers who wrongly see the workers’ committee as a home for problem employees who have to be closely monitored.

The main reason why some employers see the workers’ committee as an enemy is because those in management positions do not know the role of the workers’ committee and have not been trained on how to manage the workers’ committee members so that there is good labour relations and productivity improvement.

Not long ago, I had a discussion with a chief executive officer who was upset with the workers’ committee, which had made a request for benches to be provided in the change rooms and for incinerators to be provided for disposal of used sanitary pads.

He felt the workers were becoming cry-babies and thought of things that cost the business money and more so they demanded things that did not add value. I asked him to go home and on the following morning to try and put on his shoes while squatting and not sitting on a chair.

I also asked him to ask his wife how life is on a hot October day while carrying used sanitary pads in her handbag. We did not meet on the following morning but I got a call from the chief executive saying he had ordered benches for the change rooms and three incinerators for the ladies bathrooms.

This case shows us that it is not always that workers will make unreasonable demands, as in most cases the demands are for things that improve quality of working life and thus translates into improved productivity.

The drafters of our labour legislation were aware that the workplace marriage of the employer and employee is one of two unequal partners with the worker becoming “inferior” partner because he has weaker bargaining power.

He cannot discipline the employer but can merely present a grievance. In order to create some measure of equality the act provided for fundamental rights of employees, protection from discrimination and protection from unfair labour practices.

The legislature went further to make specific provisions for workers’ committees in sections 23 to 25A of the Labour Act, which I have covered in detail in my previous articles. Unfortunately all these do not fully protect workers’ committee members from some untrained managers and employers.

One interesting landmark judgement is the ZUPCO vs Onson Mashinga Judgment No. SC 42/2017 where Mashinga, the workers’ committee chairman was dismissed for getting a legal practitioner to assist the workers present their story to the employer. The Supreme Court said, “Section 69 of the Constitution provides as follows:

“(4) Every person has a right, at their own expense, to choose and be represented by a legal practitioner before any court, tribunal or forum.”

The meaning of the word “forum” is wide enough to include representation by a legal practitioner in engaging one’s employer over non-payment of wages and other grievances.

The Oxford Advanced Learner’s Dictionary defines “forum” as “a place where people can exchange opinions and ideas on a particular issue; a meeting organised for this purpose”.

It thus can be representation at a meeting with the employer. The legal practitioner certainly could represent the workers at tribunals and courts if the dispute was to progress that far.

This case brings up a number of lessons including the fact that where managers are not trained in labour legislation, they trample upon workers’ rights, secondly for workers to engage legal practitioners in internal disputes either they will be feeling the employer is not listening to them, the employer is ignorant of the law or they are protecting themselves from victimisation. In conclusion, the good thing is that when well used by correctly trained managers, the workers’ committee can add value.

I have said the basic test a chief executive can use to test if the workers committee is used to add value is to ask workers’ representatives the question, “How many of you were congratulated by your bosses on your election into the workers’ committee and how many of you have had a meeting with your supervisors to discuss how you will work together for the good of the department or section? If there are negative answers then it is managers who need training more than the workers’ committee.

*Davies Ndumiso Sibanda can be contacted on:
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