88. Considering the above realities, we believe that the reliefs sought by the 1st Claimant will, in the long run, have very adverse effects on domestic workers and private sector workers as employers will more likely refrain from engaging them on full time employment so as to avoid laborious and formal obligations under the statute since such employment is generally informal. 89. In summary, therefore, the fact that section 11 of the Pension Act merely empowers the Minister to exempt certain categories of employees from the mandatory occupational pension scheme does not lead to a breach of section 30 of the Constitution. The Claimant has not shown how section 11 of the Pension Act or the Pension (Exemption) Order negates the essential content of the right to development, generally. Section 31 (1) of the Constitution – Right to Fair and Safe Labour Practices 90. Section 31(1) provides that ‘Every person shall have the right to fair and safe labour practices and to fair remuneration.’ Case law succinctly defines fair labour practices as practices that are evenhanded, reasonable, acceptable and expected from the standpoint of the employer, employee and all fair-minded persons looking at the unique relationship between the employer and employee and good industrial and labour relations. See, S. Kalinda v Limbe Leaf Tobacco Company Limited Civil Cause Number 542 of 1995. Page 33 of 45

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