Labour Court (sections 40(5), 47 and 49), although such an appeal will not suspend the operation or effect of the decision appealed against (section 48(2)). 173. Furthermore, the report of an investigation ordered by the Minister into any trade union (registered or unregistered) may recommend in the case of an unregistered trade union that it be wound up; and in the case of a registered trade union, that it be deregistered or wound up (section 120). If the Minister accepts a recommendation of an investigator, s/he shall, in the case of an unregistered trade union, make an application to the High Court; and, in the case of a registered trade union, make an application to the Labour Court (section 120). 174. In addition, the Labour Court may, in the context of strike, issue a disposal order providing, inter alia, for the suspension or rescission of the registration of the trade union involved in the collective job action (section 107(3)(a)(vi)). 175. With regard to public service employees’ organizations, section 24(2) of the Public Service Act provides that the Minister may at any time revoke the declaration of recognition of an organization. Where there is reasonable cause to believe that a recognized association no longer adequately represents the interests of the members for which it was recognized; or its property or funds are being misappropriated, or its affairs are otherwise being conducted in a manner detrimental to the interests of its members as a whole; or it has failed to perform any of its functions in terms of the Regulations, the Minister may, after affording the association or organization a reasonable opportunity to make representations, suspend or withdraw its recognition (regulation 10(1) of the Public Service (Formation and Recognition of Associations or Organisations) Regulations). In any determination of the suspension or withdrawal of recognition of an association or organization, the Minister shall take into account: the representations by the Public Service Commission and interested members of the public service; the desirability of affording the majority of the members of the public service effective representation in negotiations affecting their rights and interests; the desirability of reducing to the minimum the number of entities with which the Public Service Commission has to negotiate; whether the representations indicated that the association or organization will not be substantially representative of the employees it proposes to represent; and whether the constitution of an association or organization is in conformity with the Regulations (regulation 11). The Minister shall, on request, supply any interested person with the reasons for his or her decision (regulation 10(3)). Protection against acts of anti-union discrimination 176. According to section 4(3) of the Labour Act, no term or condition of employment and no offer of employment shall include a requirement that an employee or prospective employee shall relinquish his /her membership or office of a trade union or a workers’ committee or not take part in the formation of a trade union or a workers’ committee. Any such requirement is considered to be an unfair labour practice (section 8(a)) and shall be void. Without prejudice to any other remedy that may be available in any competent court, any person who is aggrieved by any infringement or threatened infringement of this right is entitled to apply for an order directing the employer or other party concerned to cease the infringement or threatened infringement or/and an order for damages for any loss caused either directly or indirectly as a result of the infringement (section 4(4)). 177. In terms of section 89(2)(c), the Labour Court may order a cessation of an unfair labour practice, back pay from the time that the dispute or unfair labour practice arose and reinstatement or employment. Instead of reinstatement, payment of damages, including punitive damages, can be awarded to an employee who has been wrongfully dismissed. 178. Section 24(5) of the Public Service Act provides that a public servant who is not a member of a recognized association shall not be debarred from, or prejudiced in respect of, any appointment, promotion or advancement within the public service. Meetings-2009-Zimbabwe C of I-2009-12-0035-3-En.doc/v3 55