The Right to Strike in Zimbabwe

Abstract

The right of workers to strike is probably the most controversial component of labour law. It raises complex questions. For instance, is the right to strike a human right? Does an individual worker have a right to strike? Should the law create and protect a right to strike? The list of questions could be continued ad infinitum. The complexity of the questions are compounded by the fact that the issue of a right to strike attracts very strong, and sometimes, deeply emotive and ideological views. A leading labour lawyer is often quoted in the following words as an example of these strongly expressed views: There can be no equilibrium in industrial relations without a freedom to strike. In protecting that freedom, the law protects the legitimate expectations of workers that they can make use of their collective power: it corresponds to the protection of the legitimate expectations of management that it can use the right of property for the same purpose on its side ...’