Do managers in Zimbabwe have a right to form a trade union?

BAZ vs. BFMUZ & Registrar of Labour SC 15/2019 

Managers in the banking, finance and allied industry, formed a trade union and when they sought to register it with the Registrar of Labour in terms of Section 45 of the Labour Act, BAZ opposed it. The ground of opposition was that BFMUZ was not allowed to be registered as a union by virtue of section 45 (1) (b) of the Labour Act. The Registrar rejected this ground and registered the union as he did not see anything at law barring registration of such a union. BAZ appealed to the Labour Court and lost. It later appealed to the SC and lost. Date of SC judgment: 26 February 2019 From the grounds of appeal; Whether or not mangers are allowed to register a trade union in terms of section 45 of the Labour Act; Whether or not it was unconstitutional to register such a trade union; Whether or not it was contrary to public policy to register such a trade union.

From the grounds of appeal the following issues arose:

Whether or not mangers are allowed to register a trade union  in terms of section 45 of the Labour Act?

Whether or not it was unconstitutional to register such a trade union

Whether or not it was contrary to public policy to register such a trade union?

The judgment in summary was;

Section 45 (1) (b) (i) of the Labour Act provides that ‘a trade union shall not represent employers’ but it does not prohibit managers from forming or joining a trade union. Section 2 of the Labour Act  defines,  ‘employer’, ‘employee’ and ‘managerial employee’- manager is a sui generis employer/employee. Section  4 of the Labour Act , gives  every employee the right to  belong to a trade union.Section 45 of the Labour Act  must be read in line with the other provisions of the Labour Act. Section45 is in line with Constitution of Zimbabwe and International Convention. It is not contrary to public policy.