imprisonment for a period not exceeding five years (section 109(1) and (2)). 110 In addition, such person would be liable for any death, injury, loss of or damage to property or other economic loss, including the perishing of goods caused by employees’ absence from work (section 109(6)). Furthermore, breach of the procedure of the declaration of a strike incurs liability to imprisonment not exceeding one year (section 112(1)(a)). 111 170. The Minister may further suspend for a period not exceeding 12 months the right of the trade union to levy, collect or recover union dues by means of a check-off scheme, if s/he “believes on a reasonable ground” that the union contravened the provisions concerning prohibited collective actions. Such an order of the Minister is cancelled if no criminal proceedings are instituted against the trade union in question or if the Labour Court’s decision acquits the union (section 109(3) and (5)). Right of organizations to establish federations 171. Pursuant to section 27(3) of the Labour Act, “any group of trade unions or employers’ organizations may form a federation”. According to section 2, “federation” is “a group of trade unions or employers’ organizations, each of which is representative of a single undertaking or industry”. The requirements for the establishment of federations are the same as those for the establishment of trade unions and employers’ organizations (section 28). In general, for the purposes of the Labour Act, federations enjoy the same rights as registered trade unions and employers’ organizations. Dissolution and suspension of organizations 172. Any interested person, including trade unions, may apply to the Registrar for the suspension or rescission of the registration of a trade union (section 39(1) of the Labour Act). The Minister may, after consultation with the union concerned, direct the Registrar to hold accreditation proceedings to determine whether the registration should be suspended or rescinded if he considers that a trade union no longer adequately represents the interests or area for which it was registered or has failed to perform any of its functions pursuant to the Labour Act (section 39(2)). For these purposes, the Registrar must gazette the application, inviting representations from any person within 30 days (section 39(3)). Following the 30-day period, the Registrar shall issue a notice of proposed accreditation proceedings, inviting all interested parties to submit any representations they may wish within a further 30 days (section 42). The Registrar shall hold accreditation proceedings and consider representations to determine whether to suspend or rescind the registration (sections 40, 41 and 43). In determining whether or not to suspend or rescind the registration, the Registrar shall take into account: the representations by employers or employees who might be affected, the Minister, or any interested member of public; the desirability of affording the majority of employees in an undertaking or industry effective representation in collective bargaining; the desirability of reducing to the minimum the number of entities with which employees and employers have to negotiate; whether the representations indicated that the trade union would be sufficiently representative; and the compliance of the trade union constitution with the Act (section 45). Following accreditation proceedings, the Registrar shall inform all those present of his or her decision and the reasons thereof (section 44). The Registrar’s decision may be appealed to the 110 Furthermore, breach of a prohibition of a strike during compulsory arbitration procedures is punishable with a sentence not exceeding two years (sections 98(11) and (12)). 111 According to the same section, any person who contravenes or fails to comply with section 104(3) is guilty of an offence and liable to a fine not exceeding level seven and/or to imprisonment for a period not exceeding one year. 54 Meetings-2009-Zimbabwe C of I-2009-12-0035-3-En.doc/v3