The Situation
What They Said
“We heard you've been talking to the union. That kind of disloyalty has no place here.”
Trade union victimisation is a serious and persistent problem in Zambia. Many employers — particularly in mining, construction, and agriculture — view union organising as a threat and retaliate against employees who exercise their constitutional right to join or form a union. Zambia's Constitution and the Industrial and Labour Relations Act Cap. 269 provide strong protection for union rights, and dismissal for union activity is automatically an unfair labour practice.
The Fallacy
Loyalty Suppression of Rights Fallacy
The employer frames the exercise of a constitutional right — joining a trade union — as an act of disloyalty to the business. This is a manipulation tactic. Loyalty to an employer is a workplace value; it does not override statutory and constitutional rights. The right to join a trade union is guaranteed by Zambia's Constitution and protected by the Industrial and Labour Relations Act. Retaliation for exercising this right is not discipline — it is a crime.
What the Law Says
Your Legal Foundation
Constitution of Zambia 1991 (as amended)
Article 21 — Freedom of Association
“Every person has the right to freedom of assembly and association, which includes the right to form and belong to associations or unions.”
Joining a trade union is a fundamental constitutional right in Zambia. No employer can lawfully restrict this right or penalise you for exercising it.
Industrial and Labour Relations Act Cap. 269
Section 105 — Unfair Labour Practices — Union Victimisation
“It is an unfair labour practice for an employer to dismiss, penalise, or discriminate against any employee by reason of the employee's membership in or activities on behalf of a trade union.”
Dismissal for joining or organising a union is an unfair labour practice. This is automatically unlawful — the employer does not need to give any other reason. File with the Labour Commissioner immediately.
Industrial and Labour Relations Act Cap. 269
Section 109 — Remedies for Unfair Labour Practices
“Where the Industrial Labour Tribunal finds an unfair labour practice, it may order reinstatement of the employee and payment of any wages lost as a result of the unfair labour practice.”
Reinstatement and back pay are the primary remedies for union victimisation. File with the Labour Commissioner as soon as possible — the stronger your evidence that the dismissal followed union activity, the stronger your case.
What Scripture Says
God's Word on This
Ecclesiastes 4:9-10 (NIV)
“Two are better than one, because they have a good return for their labour. If either of them falls down, one can help the other up.”
God designed people to support and strengthen one another. Workers joining together to speak with a collective voice is an expression of this biblical principle. An employer who punishes workers for standing together is not just breaking the law — they are working against the very design of human community.
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What They'll Say Next
Common Counter-Arguments
After you respond, they may push back with these arguments. Members get the full rebuttal for each.
They might say: “This is a private company — we can choose who we employ and we don't want union people.”
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They might say: “Your union isn't registered — so you have no legal protection.”
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