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Labour Matters Davies Ndumiso Sibanda
MANY workers and employers who have taken cases to labour officers have been told that cases have been prescribed and as such the matter cannot be entertained.

The Labour Act in section 94 provides for prescription of disputes. The purpose of this section is to ensure disputes between employers and workers are brought to an end within a reasonable time.

To be specific the Act prohibits employers and workers from bringing up issues or disputes for the first time after the expiry of 12 months. The effect of this provision is to push employers and workers to raise their cases within the shortest possible time.

Section 94(1) bars Labour Officers from entertaining any dispute or unfair labour practice unless it has been refused to him or has come to his attention within two years from the date when the dispute first arose.

This provision means that if a worker does not make claim against an employer within two years then the opportunity to make the claim is lost after the expiry of two years.

Three weeks ago, I was visited by an individual who claimed he was unfairly dismissed in 2008 because the employer verbally dismissed him without conducting a hearing as required by law. He said he wanted his job back and as such he needs assistance to fight for his job.

I was at pains to explain to him that the matter is prescribed. He went to the relevant NEC and was told the same story.

The prescription provisions, however, do not cover unfair labour practice that is continuing at the time it is reported to the labour officer.

Such unfair labour practice shall not prescribe and the labour officer will be within his legal rights to entertain it.

When is a dispute said to have first arisen? The Act states that a dispute will be said to have first arisen on a date when the act or omission forming the subject of the dispute or unfair labour practice first occurred or when the party referring the dispute first became aware of the acts or omissions that form the subject of the dispute or omission.

The Act also acknowledges that there are instances where a party cannot reasonably be expected to have known of such an act or omission on the date when it first occurred thus the date to be considered will be when the party got to know about the act or omission.

In conclusion, employers and workers should not park cases, there is a need for prompt action so as to avoid disappointment related to prescription of cases.

Davies Ndumiso Sibanda can be contacted on e-ail: [email protected]

Cell: 0772 375 235