HH 256-18 MILSET ENTERPRISES (PVT) LTD versus NATIONAL EMPLOYMENT COUNCIL FOR THE SOFT DRINKS MANUFACTURING INDUSTRY

MILSET ENTERPRISES (PVT) LTD

versus

NATIONAL EMPLOYMENT COUNCIL FOR

THE SOFT DRINKS MANUFACTURING INDUSTRY

 

 

HIGH COURT OF ZIMBABWE

MUZENDA J

HARARE, 15 May 2018

 

 

 

Opposed Matter

 

T. S Chinopfukutwa, for the applicant

Respondent in default

 

            MUZENDA J: This is an application inviting this court to make a declaration to the effect that forcing the applicant to join the respondent’s organization when the applicant company did not participate in the collective agreement for the Soft Drinks Industry constitutes an infringement of the applicant’s right to freedom of association in terms of section 58 of the Constitution. The applicant seeks the following order in terms of the draft.

It is ordered that:

1.      A declaratur be and is hereby granted declaring that:

a)      Compelling the applicant to join the National Employment Council for the Soft Drink Manufacturing Industry constitutes an infringement of the applicant’s right to freedom of association as enshrined in terms of section 58 of the Constitution of Zimbabwe.

b)      The applicant has no obligation to join a National Employment Council which derives its power from a Collective Bargaining Agreement in respect of which the applicant did not participate in its production.

 

            The application is opposed. The respondent in her notice of opposition raises a point in limine to the effect that the applicant is approaching the court with dirty hands for failing to submit 

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2018