Tort liability and employment law have a long and intertwined history. The "control test," initially used by English courts to determine employee status, originated in tort law. Employers can be held liable for damages caused by their employees to third parties and property, provided an employment relationship exists and the employee acted under the employer's control or direction. The evolution of tort liability has often mirrored developments in employment law. A crucial element in establishing employer liability is whether the individual who caused the damage was indeed an employee. This determination rests on the definition of "employee" as established by employment law. Civil courts adjudicating tort claims must interpret the Employment and Labor Law to ascertain the existence of an employment contract between the employer and the injured party. The court cannot apply a different standard for employee identification than the one defined in the Employment ...
Mehari Redae (PhD)*
(Labour Relations Law in Ethiopia
EDITOR Mehari Redae (PhD)
Abstract
It is well known that Ethiopia’s Growth and Transformation Plan (GTP) and economic development strategy claims to aspire for fast, sustainable and inclusive development. With this purpose in view, it, among other things, embarked upon massive industrialization process by establishing the so called “Industrial Parks”. Terms such as ‘Export Processing Zones’; ‘Free Zones’; ‘Special Economic Zones’ and ‘Industrial Parks’ refer to basically the same concept with slightly different objectives. They have become the most common instruments of industrial promotion policy in developing countries. Many developing countries see export promotion as an important policy instrument for economic growth.
It is mainly for export enhancement that these locations have been established. Overall, their record, on the economic front, has been positive. Other than economic growth, such enclaves have been entrusted with the responsibility of generating massive employment as well. Since, the industries operating therein have been mainly labour intensive manufacturing facilities; their mission of employment generating exercise has also been predominantly attained.
However, economic growth and employment generation, though necessary are not sufficient by themselves. In addition to these, how growth has been shared together with quality and sustainability of such employment are equally and crucially important. Leaving aside the issue of benefit sharing to other studies, in the quality of employment front, there are concerns that in such locations labour standards tend to be eroded and high turnover of labour have been registered, which militate against quality and sustainability of employment. Employment devoid of dignity and decency is bound to cultivate demotivated (if not ill motivated) labour force that will possess a mindset of “they pretend to pay us we pretend to work.”
It is difficult to accomplish fast, sustainable and inclusive economic development with a labour force having such an adverse mental disposition. In fact, for the benefit of sustainability, wealth which is generated through economic growth needs to be equitably shared. Hence both sides of the equation (i.e. economic growth and labour protection) need to be regularly checked and monitored. This paper will try to assess how other jurisdictions managed to regulate the issue of labour at the so called “Industrial Parks” and the challenge they encountered so that Ethiopia can learn and unlearn from their experiences.
* Associate Professor; AAU, College of Law and Governance Studies; School of Law. He can be reached at: me2ha1@yahoo.com.
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