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.
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