You are on page 1of 27

MIDLANDS STATE

UNIVERSITY
FACULTY OF SOCIALSCIENCES
DEPARTMENT OF HUMAN RESOURCE MANAGEMENT

Research Topic

The role of employment councils in dispute resolution. A case of


Mbada Diamonds.

NAME:

NYASHA MANGOMBE

REG NO

R143437P

SUPERVISOR:

MR BHEBHE

M.O.E

CONVENTIONAL

LEVEL:

2.2

1|Page

DEFINITION OF TERMS.
Employment Councils-these are bodies that represents either the employer or the employee in
dispute resolution or in addressing the interests of the parties in employment relationship
Unions Act (Cap.233). They include National Employment Councils, Workers Councils and
Employers Councils.
Dispute Resolution-is a term that refers to a number of processes that can be used to resolve a
conflict, dispute or claim (John Burton 1997

2|Page

List of abbreviations or acronyms


CBAs.............................................................................Collective Bargaining Agreements
DA..................................................................................Designated Agents
ECs..................................................................................Employment Councils
ILO..................................................................................International Labour Organizations
LRA.................................................................................Labour Relations Act
MSU.................................................................................Midlands State University
NGOs................................................................................Non-Governmental Organizations
NEC...................................................................................National Employment Councils
ZDMWU.............................................................................Zimbabwe Diamond Mines
Workers Unions

Introduction.
Conflict is inherent to all relationships, whether individual or organizational. A cost effective
conflict/dispute resolution framework, must therefore be inplace,valuable time and money
may otherwise be wasted fighting over preventable disputes. One of the problem objective of
the Labor Relations Act (LRA),1995, was the cost effective resolution of disputes. To realise
this objective, the National Employment Council (NEC) has been created to handle statutory
dispute resolution process.
The history of the conflictual relationship between master and servant dates back to ancient
times. The industrial revolution further polarised the class interests of the privileged owners
of the means of production and the less fortunate providers of labour. Because of these
conflicting interests, industrial disputes became inevitable. However, the privileged status of
owners of capital put them in a more advantageous position that enabled them to subjugate
the workers. Power of this class was exercised through the manipulation of the stick and
carrot technique as well as the court system, which for all intents and purposes, represented
the voice of capital. The system of colonialism also perpetuated the stratification system that
favoured the owners of capital. In the colonised territories, the court system was used more as
an instrument of civilised repression than as a fountain of justice. As a result, it could not be
relied upon by the working class. However, the twin developments of the unionisation and
employment Councils (ECs) of the labour force and the international democratisation of
workplaces gave impetus to a reordering of industrial relations. These developments
significantly leveraged the influence of labour and empowered its voice in employment
relationships.

4|Page

Background of study.
According to Section 62 of the Labor Act Chapter 28:01 states the duties of the employment
councils as follows: it assists its members in the conclusion of collective bargaining
agreements or otherwise prevent disputes from arising, or settle disputes that have arisen or
may arise between employers and employee organizations on one hand or employees,
workers committee or trade unions on the other and shall take such steps as it may concede
expedient to bring about regulation or settlement of matters of mutual interest to such persons
or bodies, take such steps as it may consider expedient to ensure that any collective
bargaining and any regulations pertaining to an undertaking or industry with which it is
concerned is being observed.
Also the employment councils have got many and different roles which includes application
of equity, direct participation and communication between disputants, they can support and
implement court reform, they can bypass ineffective or discredited courts, they can provide
efficient and satisfactory dispute resolution in highly technical and specialised areas and they
can reduce the formality of the legal process just to mention a few. Also they can act as
mediators and arbitrators.
On the application of equity, the employment councils programmes are instruments for the
application of equity rather than the rule of law. Each case is decided by a third party, or
negotiated between disputants themselves, based on principles and terms that seem equitable
in the particular case, rather than on uniformly applied legal standards. ECs systems cannot
be expected to establish legal precedent or implement changes in legal and social norms. ECs
systems tend to achieve efficient settlements at the expense of consistent and uniform justice.
In large mines where large parts of the population do not receive any real measure of justice
under the formal legal system, the drawbacks of an informal approach to justice may not
cause significant concern. Furthermore, the overall system of justice can mitigate the
problems by ensuring that disputants have recourse to formal legal protections if the result of
the informal system is unfair, and by monitoring the outcomes of the informal system to test
for consistency and fairness.

Employment Councils programs can reduce the level of tension and prevent conflict in a
community. ECs systems may be designed to have an impact on the level of social tension
and latent conflict, as well as on individual disputes. The focus of these systems is somewhat
different from the programs normally designed for rule of law projects. For example, conflict
prevention efforts generally focus more on public conflicts (ethnic tensions, resource
allocation, policy issues, etc.) rather than private disputes. They may also focus on public
education, early intervention in potentially explosive conflict, and outside intervention by
third parties. Many of the NGOs established to promote conflict management in Chiyadzwa
prior to the transition of power were explicitly created with the goal of managing tension and
fostering peaceful mechanisms for social transformation. Although many observers believe
these efforts had a positive impact on the culture and contributed to the peaceful transition,
the direct impact of these programs on the overall level of violence and tension in the
community is difficult to assess. Although the level of tension remains high, these efforts
have been credited by the international community with reducing the potential for conflict. At
Mbada Diamonds there were tension between the mine and the community and soldiers were
employed guarding premises.

Moving on, Employment Councils programmes can reduce the cost of resolving disputes.
Many ECs programs are designed with a goal of reducing the cost of resolving disputes both
to the disputants and to the dispute resolution system (Trudeau 2002) and (Shen 2006),.
6|Page

Nevertheless, the experience of at least some of the EC systems implemented in most mines
indicates that cost reduction is a reasonable goal for ECs systems, and that well-designed
systems can effectively meet this goal. Many other EC programs seem to be successful in
reducing the cost of dispute resolution and providing access to justice for the poor. Most
programs operate with only a modest fee, either because they are managed by volunteers or
because they are supported by
Government or donor funds. Also Many poor are denied access simply because they cannot
afford to pay the registration and representation fees necessary to enter the formal legal
system. Since cost is probably the largest barrier to formal dispute resolution for many people
in mining sector, Workers councils come into existence to assist these.

Employment Councils may act as arbitrators. Arbitration is one of the various methods of
dispute resolution but undoubtedly the most popular. It is defined in the Halsburys Laws of
England as the reference of a dispute or difference between not less than two parties for
determination, after hearing both sides in a judicial manner, by a person or persons other than
a court of competent jurisdiction. Arbitration is a procedure whereby a third party (individual
arbitration board of Arbitrator or arbitration court), not acting as a court of law, is empowered
to take a decision which disposes of the dispute(Wendy 2002). It usually involves contested
Hearing at which

the partys

present evidence and argument to a third party, Followed

by that arbitrator's decision or

award, which is usually binding on the Parties. If you have

a complaint that will go through arbitration, it generally means that it will not be heard by a
court or a jury. Instead, your complaint will be heard by a neutral third party called the
arbitration-these are generally retired judges or attorneys. This person is hired either
individually or through an arbitration service to hear both sides of the case and make a
decision. Because you signed the employment arbitration agreement, the decision of the
arbitrator is generally binding on both you and your employer thereby making it a drawback
of arbitrators by employees and employers.

Also they act as mediators. Parties to a dispute seek mediation when they are ready to discuss
a dispute openly and honestly. Usually in a dispute, there are varying degrees of interests and
concerns therefore it is usual that a trade off may be made in a creative manner which a court

may not consider. The underlying factor in mediation is that the parties have bargaining
power and that a continuing relationship is essential after the dispute therefore trial is to be
avoid
In view of the factors recounted above, a neutral party, the mediator, is brought in to help the
parties find a solution to a dispute. The person controls the process while the parties control
the outcome. A mediator cannot impose a decision on the parties. In a typical mediation
session, the mediator opens the session by declaring how the session will run, who will speak,
when, for how long and the length of the session. The parties are requested to confirm their
good faith and trust in the process and to agree that all that will be said will be confidential
and therefore inadmissible in any subsequent proceeding. After this, parties take turn to state
their views of the dispute. The mediator asks for clarification as may be necessary. If
necessary, the mediator may meet with the parties separately in a confidential caucus to
assess position, identify real interest, consider alternatives or help generate a possible
solution. This is called shuttle mediation. The process may involve several sessions before a
solution is arrived at. Mediation may be of different types but three popular variations are the
rights based mediation which focuses on legal rights of the parties, the interest based
mediation which focuses on the interests and compelling issues of the dispute and therapeutic
mediation which focuses on the problem solving ability of the parties or the emotional
aspects of the dispute.
Moving on, another role of employment councils is that, they provide direct participation and
communication between disputants. Other characteristics of EC systems include more direct
participation by the disputants in the process and in designing settlements, more direct
dialogue and opportunity for reconciliation between disputants, potentially higher levels of
Confidentiality since public records are not typically kept, more flexibility in designing
creative settlements, less power to subpoena information, and less direct power of
enforcement ( Gwisai 2007).
Employment councils can by-pass ineffective or discredited courts. When the civil court
system has so many institutional weaknesses and failures (inadequate resources, corruption,
systemic bias) that there is no near-term prospect of successful civil court reform, EC
programs may be an appropriate way to provide an alternative forum. Also working with or
within the existing judicial system is unlikely to be effective or receive popular support and

8|Page

complex or technical disputes can be handled more effectively by specialized private EC


systems.
Workers Councils may increase satisfaction of disputants with outcomes. When evaluations
of EC systems have included an assessment of overall user satisfaction, the EC systems have
generally compared favourably to formal legal structures. At Mbada Diamonds, for example,
satisfaction with the Mediation Board system is quite high. In addition to the accessibility of
the system, and the low cost, disputants indicate that the way they are treated, the disputants'
control of the process, and the community-based nature of the system are all factors leading
to high satisfaction. Satisfaction is also reflected in the settlement and compliance rates.
Nearly 65% of all mediated cases are settled, and compliance rates, while not accurately m
measured, are reported to be quite high. The chairman of one Mediation Board indicated that
compliance with debtor dispute settlements, which constitute a large proportion of the cases,
is nearly 95%. The monthly caseload of the Boards more than doubled between the first and
third years of operation, indicating high satisfaction.
As mentioned earlier on, the employment councils comprises of the National Employment
council(NEC). These are representative bodies of employer and employee organizations.
They are also known as industrial councils and have been in existence since 1934 in some
cases they were named bargaining councils. The NEC is made up of structures namely
counsil,the executive comitee,negotiating comitee,and a local joint committee.

Bargaining Councils are joint employer and union bargaining institutions whose functions
and powers are set out in the Labour Relations Act(LRA). One of the LRAs main objectives
is to promote collective bargaining as a means of regulating relations between management
and labour and as a means of settling disputes between them. A Bargaining Council has the
responsibility to resolve disputes between parties that arise from the collective agreements
concluded in the council and other statutory instruments. Bargaining Council agreements deal
with issues such as minimum wages, hours of work, overtime, leave pay, notice periods, and
retrenchment pay. A bargaining council does not need to be accredited to perform dispute
resolution services regarding parties to that council. According to Brand (2002) There are
many Bargaining Councils here in Zimbabwe. Their jurisdiction may be sectoral, regional or
industry wide and hence they vary in size and quality of dispute resolution. One of the main

criticisms aimed at bargaining councils is that they are fragmented in nature and poorly
resourced.
However, certain Collective Bargaining Agreements for specific sectors have developed
structures that include Exemptions Committees, Job Evaluation Committees, etc. Key to
these structures are Designated Agents (DA) who may be conciliators and arbitrators
responsible for resolving disputes in their particular industry in terms of provisions envisaged
in Sections 63 and 98 of the Labour Act (Cap 28:01)
During the 1980s, the industrial relations system in Zimbabwe envisaged Employment
Boards, which were under the supervision of Minister of Public Service, Labour and Social
Welfare. During this period, the minister by way Statutory Instruments, used to gazette
minimum wage notices in respect of any class of employees in any class or industry and
would prohibit the payment of any wage less than such specified minimum wages, benefits or
increments to such class of employees. This later changed during the 1990s when
Employment Boards were turned into Employment Councils, the main reason being that the
Ministry of Labour deemed it expedient to devolve powers on collective bargaining to
specific constituencies. Ideally, the main objective was to empower Zimbabwean employer
organisations and trade unions to manage their own affairs, which brought about consistency
between the Zimbabwe Labour Act and International Labour Conventions (ILO), which
Zimbabwe ratified. To date, there are 48 National Employment Councils in Zimbabwe.
Section 65 (5) of the Constitution of Zimbabwe Amendment (No.20) Act 2013 stipulates that:
Except for members of the security services, every employee, employer, trade union and
employee or employers organisation has the right to engage in Collective Bargaining.

The Labour Act Chapter 28:01 makes provision for Voluntary Employment Councils and
Statutory Employment Councils under Sections 56 and 57 respectively. In the former, any
employer, registered employers organisation or federation of such organisations and
registered trade union or federation of such trade unions may at any time form an
employment council by signing a constitution agreed to by them for the governance of the
council, and by applying for its registration in terms of Section 59 of the Act. Under the
latter, the Minister of Public Service, Labour and Social Welfare may whenever the national
interest so demands, request any registered employers organisation or federation of such
10 | P a g e

organisations and registered trade union to form an employment council and apply for its
registration in terms of Section 59 of the Labour Act.
Once an employment council is formed, the law requires the employment council to have a
constitution which provides for among other things, a statement of the aims and objectives of
the council and that the registered trade union concerned or federation of such trade unions to
appoint 50 percent of the members of the employment council and the employers
organisation concerned or federation of such organisations to appoint the remaining
members. The constitution should also provide for dues which are payable to the employment
council thereof and the administration of the funds of the employment council.
The scope of collective bargaining agreements negotiated by registered trade unions,
employers or registered federations is specified in Section 74 of the Labor Act, Chapter
28:01. In most cases, Collective Bargaining Agreements which are administered by National
Employment Councils make provision for the following: rates of remuneration and minimum
wages for different grades and types of occupations, benefits for employees, deductions
which an employer may make from employees wages, including deductions for membership
fees and union dues, and deductions which an employer may be required or permitted by law
or by order of any competent court to make, methods of calculating, or factors for adjusting
rates of pay, and the dates, times and modes of payment, all issues pertaining to overtime,
piece-work, periods of vacation and vacation pay and constraints thereon, the demarcation of
the appropriate categories and classes of employment and their respective functions, the
conditions of employment for apprentices, the number of hours of work and the times of
work with respect to all or some of the employees, the requirements of occupational safety,
the maintenance of, and access by the parties to, records of employment and pay, procedure
for dealing with disputes within an undertaking or industry, housing and transport facilities or
in their absence, an allowance for the same and measures to combat workplace violence and
handling its aftermath.
National Employment councils may provide efficient and satisfactory resolution in highly
technical, specialized areas. Specialized ECs programs focused on particular types of
technical or complex disputes can be more effective and produce better settlements than
courts. In the mining sector, specialized EC programs deal with construction, environmental,
and patent disputes, among others. These programs act as substitutes for the courts, which
may not have the expertise necessary to make the best decisions.

Employment Councils may increase access to justice for disadvantaged groups. Use of formal
court systems requires resources unavailable to sectors of the population, formal court
systems are biased against women, minorities, or other groups, illiteracy prevents part of the
Population from using formal court systems and distance from the courts impairs effective
use for rural populations. Also disadvantaged groups need to establish rights in order to
reduce power imbalances, local elites have the power to control program implementation, and
number of barriers to access to the justice system can be addressed effectively in an EC
programme.
Employment Councils may helps in counteracting discrimination and bias in the mining
sector. When courts are systematically biased against particular groups, such as minorities or
women, EC programs can sometimes help provide some measure of justice. At Mbada
Diamonds, for example, women are often poorly protected by the courts. The NEC program
has recruited women to serve on mediation panels in the village mediation program. Women
who have used the system believe that they receive better protection and more compensation
from this system than from the formal court system.
EC programs can reduce delay in the resolution of disputes. Delays are endemic in most court
systems throughout the world and affect a number of development objectives. In some
cases, delays are so extreme that they effectively deny justice, particularly to disadvantaged
groups who may not be able to "grease the wheels" of the justice system. In other cases,
delays in the resolution of commercial disputes impair economic development and undermine
the efficiency of the economy. Informal dispute resolution (mediation and settlement
programs), or simplified procedures for dispute resolution (arbitration systems), can
significantly reduce dispute resolution delay, and indirectly reduce court backlog by
redirecting cases that would otherwise go to court.

12 | P a g e

ECs facilitate in negotiating about the wages and the granting of packages and retrenchment.
For example at Mbada diamonds where one quoted saying We are challenging the
termination, its unlawful. We are also taking up the issue of non-payment of salaries with the
National Employment Council for the Mining Industry, ZDMWU general secretary Justice
Chinhema said in a telephone interview on Tuesday . Also ECs helps in promoting healthy
and safety at workplace. The National Employment Council ensures that all workers at
Mbada Diamonds are wearing protective Clothes.

Problem Statement
The current dispute resolution stages are free up to arbitration level. A tendancy has emerged
whereby employer and employee organizations regard internal processes as a mere formality.
This has resulted in unnecessary dispute referrals, which translates into significant costs for
the bargaining counsils and the department as a result of system abuse. More effort therefore
needs to be made to prevent grievances from escalating into full disputes.
Certain problem areas are currently thwarting efforts to prevent avoidable disputes from
arising. Formost is the lack of ownership by parties over dispute resolution and the
resultantrise in case load and costs. There is also the low dispute resolution/settlement rate
where the conciliation stage being a mere formality. There is also a lack of worldclass dispute
prevention and management systems. Insome instances,responsible line managers lack formal
delagations to deal effectively with grievances as they arise. The labor relations officers are
being deployed as peace makers and disciplinary and this resulted in conflicting roles
impacting negatively on dispute prevention and resolution. The criteria for promotion,
whether it is based on performance or political correctness, have caused management
paralysis as individuals opt to stay on the safe side.
Arguing the same point, Venter (2006:p.1) maintains that the criticism of the disputeresolution institution relates to their inefficient operation, poor skills, lack of resources and
abuse by disputing parties.

14 | P a g e

Research Objectives
Main Objective
To asses the role employment councils in dispute resolution in a mining sector.
Specific Objective
(1) To examine the effectiveness of employment councils in dispute resolution
(2) To establish a perceived influence of employment councils on employees terms and
conditions of service employment.
(3) To determine the reason behind poor dispute resolution system in a mining sector
(4) To recommend a cost effective dispute resolution model.

Justification of Study
The study is significant to policy makers as it will provide insight information on the
perceived influence of the employment councils in (dispute resolution)/ championing for
continued improvement of terms and conditions of service for employees. Additionally, the
findings will enable employment councils on employees terms and conditions of service for
reasonable Collective Bargaining Agreements (CBAs). The findings will also strengthen the
relationship between the employer and employee during Collective Bargaining Agreements
negotiations.

Conceptual Framework.
The right to resort collective job action. Subject to this Act, all employement counsils,
Workers Committees and Trade Unions shall have the right to resort to collective job action
to resolve disputes of interest (Cheeter 1991). Subject to subsection (4), no employees,
workers committee, trade union, employer, employers organisation or federation shall
resort to collective job action unless- fourteen days written notice of intent to resort to such
action, specifying the grounds for the intended action, has been given to the party against
whom the action is to be taken; and to the appropriate employment council; and to the
appropriate trade union or employers organisation or federation in the case of members of a
trade union or employers organisation or federation partaking in a collective job action where
the trade union or employers organisation or federation is not itself resorting to such action;
and An attempt has been made to conciliate the dispute and a certificate of no settlement has
been issued in terms of section ninety three. That the respondents had the right to withdraw
their labour is, therefore, beyond question. That right must, however, be exercised within the
parameters set out in the Act. It is not disputed that no notice was given to the appellant of the
impending strike or that no attempt had been made to conciliate the dispute as required by
subs 2(b) of s 104. In the circumstances the collective job action was unlawful by reason of
its non-compliance with s104. The Labour Court made no finding on the lawfulness or
otherwise of the collective job action in which the respondents had participated. It ought to
have done so and the failure so to do was a misdirection on its part.
The labour union representing sacked Mbada Diamonds workers has appealed to the
National Employment Council for the mining industry to mediate in the dispute, calling
dismissals unlawful. The Zimbabwe Diamond Miners Workers Union (ZDMWU) wants the
NEC to mediate in the case of 159 of the 240 Mbada workers who were fired after going on
strike over non-payment of salaries. The workers were part of a group of 300 who downed
tools demanding to be paid outstanding salaries for eight months. About 240 were rendered
jobless after the company responded by terminating contracts that were expiring in June2014.
However, officials said the terminations were a security measure used in the diamond mining
sector to minimise potential losses. Workers whose contracts are coming to an end are a
security risk in that they could steal (diamonds). The idea of having them serve their notice
period at home is to minimise such risk, said an official familiar with the diamond mining
operations, who declined to be named as he is not authorised to speak for the company
.ZDMWU wrote to the NEC
16 | P a g e

appealing for conciliation on behalf 159 workers it is

representing. The union said failing to pay salaries of workers was a violation of the labour
law which makes it an offence for a company to fail to meet its obligations to workers and
gives them the right not to be unfairly dismissed. Earlier, the union had also written to the
NEC over non-payment of wages and reduction of period of contracts to six months which it
deemed an unfair labour practice. This shows that NEC acts as bargaining in the resolution of
disputes of salaries at Mbada Diamonds.

Research Methodology
Research Design
This study adopted a survey research design because of the nature of institutions under study
where they hold information with high degree of confidentiality. This design is appropriate in
gathering information from a cross section of respondents. Further the survey approach
assisted in data collection and data analysis. This design is appropriate for profiling, defining,
segmentation, estimating, predicting, and examining associative relationships.
The triangulation of qualitative and quantitative approaches in this was considered so as to
ensure that the limitations of one approach will be covered by the strength of another. This
approach used questionnaires, interviews, and secondary data analysis and field observations.
This study design is basically a cross sectional study. A cross sectional study is a descriptive
study in which a population or a subset is selected and from these individuals, data are
collected to help answer research questions of interest (James, 1994). This research is called
cross sectional because the information about evaluation of the role of employment councils
in dispute resolution was gathered, represented on what was going on at a particular point on
time. The advantage of this design is that it does require follow-up and is therefore less costly
and quicker than other designs. Another important point to note is that the data obtained often
representative of a population rather than a smaller sub-population. A retrospective record of
past events was reviewed which showed leading, lagging and performance indicators.

Target Population
According to Drunker (2000), population is defined as the collection of elements or subjects
that possess the information sought by researcher and about which inference are to be made
in this case, I was concerned with evaluation of the role of employment councils in dispute
resolution in the case of Mbada Diamonds. Mugenda & Mugenda (2003) define population
as a complete set of individuals, cases or objects with some common observable
characteristics.

18 | P a g e

Sources of Data
I used self-administered questionnaire as research tool to collect data from the respondents.
This approach is consistent with a phenomenological approach and it is the most appropriate
for this research because it enabled the researcher to collect as more data as possible. Primary
data was collected.
The questionnaire comprised of both closed and open ended questions which i drawn in
accordance with the set objectives of the study. They were used as a tool to collect data as
they are appropriate to collect a lot of information over a short period of time. The study used
primary data which i obtained through self-administered questionnaires with closed and
open-ended questions . As much as possible, a 5-point likert scale was used to collect the
data. The questionnaire was divided into three sections. Section one was concerned with the
general information about respondents. Section two contained questions on the terms of
service and section three contained questions on job security. The questionnaire was
administered through drop and pick.

Research Instruments
i.Questionnaires
Farrant (1980) defined a questionnaire as an instrument that serves to measure specific
aspects of researchers objectives. This is supported by Gwimbi and Dirwai (2003:69) that
the purpose of a questionnaire is to collect accurate and appropriate information from
respondents. The questionnaire is designed to include both quantitative and qualitative data
because of the nature of the project. The questionnaire included both open-ended and closed
ended question so as to get further details of and greater depth, which goes beyond just
description from closed ended questions. The questionnaire was designed in such a way that
the questions were clear and unambiguous, short, avoided unnecessary jargon and specialist
language.

The questionnaire was structured in such a way that it was easy and quick to

answer. Most of the questions only required a tick in the appropriate box. The questionnaires
targeted the bigger sized sample of organizations. A total of 172 questionnaires were
distributed. I chose to administer the questionnaires to a sample of 25% of the organization.
Stratified sampling will be used in organizations which have more than 10 workers.
The researcher used purposive sampling whereby he gave questionnaires to respondents
whom he found at the premises each time he visited their work stations. The i requested for

all the number of workers from each department and used purposive sampling to administer
the questionnaire to workers whom i found at the site. Workers were stratified according to
operating sub-sections in the mine for example Boilermakers, Fitters, Electricians, Artisan
Assistants, Civil Technicians, Riggers and Artisan Assistants. This ensured representation of
all workers within Mbada Diamonds. Since all the respondents were within the mine, the
researcher collected all responds to the questionnaires within a week. . The questionnaire had
sub headings which corresponded with the objectives of the study
Advantage of Questionnaire
A questionnaire is easy to administer (can be mailed or hand-delivered) and it can be
administered in a relaxed atmosphere. Respondents were given ample time to respond to
questions at their convenience and in this way meaningful and well thought information was
solicited. Ensuring the validity of the data gathered.
Disadvantages of Questionnaire
The questionnaire does not have direct control over the respondents and some subjects may
fail to complete thus leading to a low response rate. Furthermore, the researcher will not be
available to answer to queries and this may lead to poor quality responses, thus reducing
sample size and introducing bias

Semi Structured Interviews


Structured interactive interviews were used as a way collecting data. Harper, (1991), defined
interviews as a method of collecting data asking personally for the required information. Data
collecting techniques of interviewing involved oral questioning of respondents. Interviews
were undertaken with all the key informants within the mine operations. The researcher made
appointments over the phone with all the key informants to no when the researcher could
come and interview them.
Secondary Data
Data was acquired through secondary sources that include company records, safety statistics,
alcohol tests, road behaviour checks, peer to peer observations, planned job observations and
visible felt leadership observations. These documents enabled the researcher to identify the
companys lagging and leading indicators. Furthermore, secondary data provides a good
background, as it is existing literature around the topic. This is supported by Hakim (1982)
who argued that in answering research questions or meeting their objectives few researchers
20 | P a g e

considered the possibility of re-analyzing data that have already been collected for other
purpose. Secondary data also facilitated appropriate scoping of the later stages of the site
investigation. It also reduced wastage on inappropriate intrusive ground investigations.
Ethical Consideration
Permission to conduct this study in the selected area was granted by Midlands State
University and Senior Mine Management. The contractors who were interviewed were given
an explanation of what the research is about and what role they were playing in the research
if they agreed to participate. The fact that i administered the questionnaire face to face with
the respondent made it easier for the contractors to trust the intentions of the research.
Therefore verbal informed consent was obtained from the respondents before administering
of a questionnaire. Respondents were also informed that their participation in the research is
entirely voluntary and their responses are purely for academic purposes. No names of
contractor companies and names of interviewees would be published to allow free flow of
information and also confidentiality. Codes numbers will be used instead of names to protect
participants rights to confidentiality.
Limitations
Bias. Bias is defined as any tendency which prevents unprejudiced consideration of a
question. In research, bias occurs when systematic error is introduced into sampling or testing
by selecting or encouraging one outcome or answer over others. Bias can occur at any phase
of research, including study design or data collection, as well as in the process of data
analysis and publication. Another school of thought argued that bias occurs when subjects,
researchers or methodologies are influenced by external factors that alter the results of the
study. Controlling these sources of bias is paramount to producing useful and authoritative
results for a research. In order to control bias i remained neutral and had no motivation for
achieving one result over another so that the outcome would be real and unbiased.
Lack of resources. These resources come in different ways for example time, stationary, pens
and boards. Stationary is needed to take down the information that you are getting-so without
it, the research will not become a success. I managed to ask for these resources to the
department.

Inaccessibility. The area of Mbada Diamonds is not accessible since there are tight security
soldiers with guns as in the photograph above. So you have to make appointments first and
granted permission

Delimitation
The research will be limited to the Mbada Diamonds and information to be collected is
strictly in relation to the topic under study.Also the study uses most of qualitative research
techniques because they are simple-no most of the calculations are involved.

22 | P a g e

Data Presantation and Analysis


Appendixes
Sample questionnaire for non- managerial employees
My name is Nyasha Mangombe, a 2.2 year student doing a Human Resource Management
Degree at Midlands State University. I am kindly asking for your cooperation in answering
the questionnaire below. Your particulars will not be included. The research will be treated
with the degree of confidentiality and it is for academic purposes only. The researcher seek
your opinion on the impact reward management has on you staying with the organization.

Job title:.
Gender: Male [ ] Female [ ]
Age range:

20-29 [ ]
30-39 [ ]
40-49 [ ]
50+

[ ]

Level of education
Doctorate:

Honours Degree:

Diploma Level:

A Level and below:

1) What do understand by the term reward management?

2) Does

affect

your

wish

to

stay

with

the

organization?

If

so

how

................................................................................................................................................
................................................................................................................................................
............
3) What is your view on how your reward is managed?

4) What are the underlying beliefs you hold on how reward management should be done in
order

to

reduce

the

current

rate

of

turnover

5) Do you think that you can benefit from an improved reward management? Explain.

6) What are the challenges associated with the current reward management and its impact on
retention?

7) Do the merits outweigh the challenges? Explain further.

8) Any comments

24 | P a g e

Bibliography
Brand,R,(2002). Industrial Relations: A Marxist Introduction. MacMillan Publishers Ltd.,
Basingstoke, Japan, pp. 169-86.
Burton, John W.(1997) "Conflict Resolution as a Political Philosophy"
Cheeter,D. 2000. Enterprise Bargaining: The BCAs Report on Industrial Relations Reform.
Journal of Industrial Relations,Vol. 32, No. 1 p.69-69.
Drunker,G.2000. Unions, Training and Wages: Evidence for British Men, University of
Essex, mimeo, August.
Farrant,M.(1980) ) Intensity of Management Resistance: Understanding the Decline of
Unionisation in the Private Sector, Journal of Labor Research, 22(3), Summer, pp.519-540.
Gwimbi & Dirwai (2003) Strikes, Scabs and Tread Separations: Labour Strife and the
Production of Defective Bridgestone/Firestone Tires, Working Paper 461, Industrial
Relations Section, Princeton University, January
Halsbury,p.(2000). Laws of England.
Hakim,P.(1982). Industrial Relations: A Marxist Introduction. MacMillan Publishers Ltd.,
Basingstoke, Japan, pp. 169-86.
Harper,F.(1991) The Principles of Our Union.A Publication of the Academic Staff Union of
Universities, Lagos, Nigeria, 21 pp.
James, D. (1988).Collective bargaining and compensation in the public sector. In: Aaron, B.,
Najita, J., Stern, J. (eds.), Public-Sector Bargaining. The Bureau of National Affairs
Inc.,Washington D.C., USA, pp. 124-15
Mugenda A.G. (1999). Research Methods: Quantitative and Qualitative Approaches. ACTS
Press Ltd., Nairobi, Kenya, 244 pp.

Shen,M.(2006) Human Resource Management and Performance, International Journal of


Management Review, Vol.1(4), pp.367-413. 83
Trudeau,S.(2002) Promoting Best Practice Through Workplace Partnership: Case Studies,
Briefing, 7 September.
Venter,R.(2006) Crisis, Adjustment and Social Change in Zimbabwe: The Case of
Professionals. Mbada Diamonds, Zimbabwe.
Labor Act Chapter28.01: employee, employer, employment agency, labour officer (in
place of labour relations officer), member, Minister; 2/7/2005: managerial employee,
Minister.
Unions Act., (1994).Re-examination of the met-expectation hypothesis: A longitudinal study.
Journal of Applied Psychology 79: 937-49.

26 | P a g e

You might also like