Running head: THE IMPACT OF GLOBALIZATION ON LABOUR STANDARDS:
ANALYZING ZAMBIA SUGAR PLC v FELLOW NANZALUKA APPEAL No.82 of 2001 1
Moses Nsofwa
The Impact of Globalization on Labour Standards: Analyzing Zambia Sugar Plc v
Fellow Nanzaluka Appeal No. 82 of 2001
LS220
2024 Term A
Mr. Chisanga Mutale
15th October, 2024
The Impact of Globalization on Labour Standards: Analyzing Zambia Sugar Plc v
Fellow Nanzaluka Appeal No. 82 of 2001 2
The Impact of Globalization on Labour Standards: Analyzing Zambia Sugar Plc v
Fellow Nanzaluka Appeal No. 82 of 2001
Globalization has significantly influenced labour standards worldwide, pushing for
more uniform and fair practices across borders. Bilateral or multilateral agreements are
a source of law only if they have been domesticated is exemplified by the case of
Zambia Sugar Plc v Fellow Nanzaluka. The case of Zambia Sugar Plc v Fellow
Nanzaluka Appeal No. 82 of 2001 highlights the challenges faced by national courts in
integrating international labour standards into domestic law. The following paragraphs
discusses why the position taken in this case is increasingly untenable in the era of
globalization and cites relevant cases to support this argument.
Analyzing Zambia Sugar Plc v Fellow Nanzaluka
Case Background
In that case, Mr. Nanzaluka was employed by Zambia Sugar Plc in 1992. His
employment was terminated without notice in 1996. He was paid three months’ salary in
lieu of notice. He brought an action in the Industrial Relations Court. The court accepted
that the conditions of service had been complied with but held that the action was
contrary to the International Labour Convention No. 158 of 1982 which forbids
termination of an employee’s contract of employment without valid reasons. On appeal
to the Supreme Court, it was held that international instruments on any law although
ratified and assented to by the state cannot be applied unless they have been
domesticated and that since Zambia had not yet domesticated the International Labour
Convention No. 158 of 1982, the convention was inapplicable to Zambia. This decision
underscores a significant legal principle in Zambia: the non-domestication of
international treaties limits their applicability in national courts.
Globalization and Labour Standards
Globalization has led to the internationalization of labour standards, primarily
through organizations like the International Labour Organization (ILO). These standards
aim to ensure fair wages, safe working conditions, and the protection of workers’ rights
globally. Ignoring these standards can lead to exploitation and unfair labour practices,
which are increasingly unacceptable in a globalized economy.
Economic Integration
As countries become more economically integrated, adhering to international
labour standards is crucial for maintaining competitive and ethical business practices.
Non-compliance can result in trade sanctions or loss of business opportunities with
international partners who prioritize ethical labor practices. For instance, the European
Union’s Generalized Scheme of Preferences (GSP) offers trade incentives to countries
that comply with core international labour standards.
The Impact of Globalization on Labour Standards: Analyzing Zambia Sugar Plc v
Fellow Nanzaluka Appeal No. 82 of 2001 3
Human Rights
Many international labour standards are rooted in fundamental human rights.
Ignoring these standards can lead to violations of workers’ rights, attracting international
criticism and affecting a country’s reputation. The case of S v Makwanyane and Another
(1995) in South Africa is a pertinent example where the Constitutional Court
acknowledged the influence of international human rights norms on domestic law. This
case demonstrates the importance of integrating international standards to uphold
human rights.
Legal Precedents
Other jurisdictions have recognized the importance of international agreements in
shaping national labour laws. For example, in Minister of State for Immigration and
Ethnic Affairs v Teoh (1995), the High Court of Australia held that ratified international
treaties could influence the interpretation of domestic laws, even if not incorporated into
national legislation. In Baker v. Canada (Minister of Citizenship and Immigration)
(1999) (Canada): The Supreme Court of Canada held that international treaties, even if
not incorporated into domestic law, could be used to interpret and guide the application
of domestic laws, especially in areas related to human rights and labour standards.
Further in R v Secretary of State for the Home Department, ex parte Brind (1991) (UK):
This case demonstrated that while international treaties ratified by the UK do not
automatically become part of domestic law, they can still influence the interpretation of
domestic legislation. This approach contrasts with the position in Zambia Sugar Plc v
Fellow Nanzaluka, highlighting the need for Zambia to reconsider its stance.
Conclusion
In my view, the position taken in Zambia Sugar Plc v Fellow Nanzaluka is
increasingly untenable in the current era of globalization. Embracing international labour
standards is essential for ensuring fair labour practices, protecting human rights, and
maintaining economic competitiveness. As globalization continues to shape labour
markets, it is imperative for national courts to integrate international standards into
domestic law to promote ethical and fair labour practices.
The Impact of Globalization on Labour Standards: Analyzing Zambia Sugar Plc v
Fellow Nanzaluka Appeal No. 82 of 2001 4
References
European Commission. (2024). Generalized Scheme of Preferences (GSP). Retrieved
from https://gsphub.eu/
International Labour Organization. (1982). Termination of Employment Convention,
1982 (No. 158). Retrieved from https://normlex.ilo.org/dyn/normlex/en/f?
p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C158
Mwenda, W. S., & Chungu, C. J. (2021). A Comprehensive Guide to Employment Law
in Zambia. University of Zambia Press.
CASE LAW
Baker v. Canada (Minister of Citizenship and Immigration) (1999) Canada
R v Secretary of State for the Home Department, ex parte Brind (1991) UK
S v Makwanyane and Another (1995)
Zambia Sugar Plc v Fellow Nanzaluka Appeal No.82 of 2001
STATUTES
The Employment Code Act No. 3 of 2019
