Unpacking the constitutional promise of a fair hearing and the twin concepts of substantive justice and procedural justice in labour disputes in Zimbabwe

Abstract

The relationship between the employer and the employee is inherently unequal. It is the relationship between those who have and those who do not have. Capital and labour when put to good use result in efficient production of goods and services. In real life, capital and labour are constantly in binary opposition. Capital occupies a higher status to labour and the tendency to dictate employment conditions is overwhelming. Capital dominates labour in every respect. Previously the law was permissive to dismissal of an employee at the instance of capital without fault. Labour had no responds to these determinations. The employers right to hire and fire was inherent. The terms substantive justice and procedural justice are legal terms which are designed to facilitate equity, justice, and fairness at the work place. International human rights laws brought in new sensitivities to this field of law. Accordingly, Independence saw the introduction of the local legislation that weighed in to balance the relationship between labour and capital. Employment rights are inherent to all human beings. Recognition, promotion and protection of these rights is for the common good. The research methodology applied is the qualitative methodology which is largely desk top research. The article sets out to articulate the meaning of the term’ssubstantive justice and procedural justice in the work place. Labour law is the theory of justice and has always had justice as its ultimate aim. In conclusion it is submitted that justice leads to an equitable working environment and the achievement of the sustainable development goals for the nation.