Examining the Impact of Common Law on Job Security in Zimbabwe's Private Sector Legal Insights and Employee Perspectives

Abstract

This research addresses the profound implications of applying common law in resolving labor disputes amidst Zimbabwe's stark unemployment rate exceeding 90%. Employing mixed research methods, including a structured questionnaire administered to 400 respondents and qualitative data from focus group discussions and interviews, the study explores the detrimental effects. In the study, the collected data underwent rigorous statistical analysis including Chi-Squared tests, Cramer’s V Test, and Regression tests. These analytical methods were employed to examine the relationships and significance between variables related to the impact of common law on job security in Zimbabwe's private sector. The Chi-Squared test assessed the independence between categorical variables, providing insights into patterns and associations. Cramer’s V Test measured the strength of these associations, highlighting the magnitude of relationships observed. It reveals that common law, particularly influenced by the Zuva Judgment precedent, has severely eroded job security for countless employees who face termination notices without adequate recourse. This insecurity breeds profound distrust among remaining employees, who live under constant threat of dismissal. The study highlights how the Zuva Judgment undermines permanent employee protections, enabling termination with minimal compensation, exacerbating uncertainty and fear in the workplace. Moreover, common law's broad discretionary powers empower employers to exploit loopholes, potentially leading to discriminatory practices under the guise of lawful termination. In essence, the application of common law in labor dispute resolution undermines the security of tenure across all employment grades. Recommendations include judicial reforms to advocate legislative safeguards for employee rights, consideration of public opinion in labor judgments, and the implementation of robust company policies and conflict resolution mechanisms by employers. Emphasizing a shift towards high-performance workplaces through training, employee involvement, teamwork, and information sharing emerges as pivotal for mitigating workplace conflicts in Zimbabwe's challenging economic environment.