Abstract
SUMMARY 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. Key words: labour rights; constitutionalism; individual labour rights; codification; acccess to court
Highlights
There is some consensus among scholars that not enough is being done to protect individual labour rights in Zimbabwe.[1]
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 article highlights how, at this point in the evolution of this obligation, individual labour rights are protected at a global level with particular insights drawn from the approach taken to the protection of these rights in two jurisdictions, those of England and South Africa, which have adopted an approach to the protection of individual labour rights that has influenced the Zimbabwean approach to highlight that, regardless of the constitutional instruments in a state that purports to protect individual labour rights, the successful protection of these rights depends on the judiciary being proactive in ensuring that people enjoy the benefits these rights bestow
Summary
There is some consensus among scholars that not enough is being done to protect individual labour rights in Zimbabwe.[1]. This article explores why little has seemingly been done to address this issue as a step toward establishing, and recommending, how this situation can be addressed going ahead. In making this argument, the article begins by placing the discussion in its theoretical context. The article begins by placing the discussion in its theoretical context It does so by exploring the evolution of the state obligation to protect individual labour rights. It is argued that successfully protecting individual labour rights in Zimbabwe depends on courts taking a more assertive stance to protecting these rights
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