Fungura & anor v ZIMNAT Insurance co ltd 2000 (1) ZLR 379 (H)

Labour — Mr L T Biti for the applicants.

The respondent company had, after merging with another company, found it necessary to retrench a number of employees. After protracted negotiations, agreement was reached by the retrenchment committee on the retrenchment package for the employees. the applicants were the sole workers to object to the package, claiming that they were entitled to a better package. In their court application they argued that an agreement reached by the retrenchment committee was not binding unless it was ratified by every worker affected.

Held, that although it might appear that there is some support in the decided case for the proposition advanced by the applicants, properly understood, these cases do not support this position. held, further, that an agreement reached in works council by workers representatives have the authority of the workers for whom they act to give consent. Individuals amongst the body of workers who dissent from the package properly agreed by authorized representatives will nevertheless be bound by the will of the majority so represented. This applied in the present case and the application must therefore be dismissed. held, further, that a works council cannot represent and bind the retrenches when the retrenched have not been notified too their position and could not have mandated the workers representatives on the works council in these negotiations. the position is different where the world council has been properly mandated by the workers.