employers and employees who might be affected, the Minister 100 and any member of the public likely to be affected; the desirability of affording the majority of employees and employers within an undertaking or industry effective representation in negotiations affecting their rights and interests; the desirability of reducing to the minimum the number of entities with which employees and employers have to negotiate; and the outcome of the representations or accreditation proceedings as to the representativeness of the trade union or employers’ organization (section 45). The Registrar shall notify all interested parties who appeared at the proceedings of his or her decision in writing and the reasons thereof (section 44). While a person aggrieved by a decision of the Registrar may file an appeal to the Labour Court (section 47), the filing of an appeal does not have a suspensive effect (section 48(2)). Moreover, the Registrar may impose “reasonable” restrictions on the activity of any trade union or employers’ organization involved in the appeal in order to protect the reasonable interests of the public and of persons concerned (section 48(3)). Failure to comply therewith is an offence punishable by a fine not exceeding level seven and/or imprisonment for a period not exceeding two years (section 48(5)). 149. With regard to public service employees, section 24(1) of the Public Service Act provides that the Minister of Public Service may declare any organization or association representing all or any members of the public service as a recognized association or organization. The Public Service (Formation and Recognition of Associations or Organizations) Regulations set out a twofold procedure for the establishment and recognition of associations or organizations representing public service employees. 101 150. Regulation 4 provides for provisional recognition. For this purpose, an association or organization seeking to be recognized, shall, within six months of its formation, apply for provisional recognition. The Minister shall gazette the application inviting representations from any interested person within a period of not less than 30 days. As soon as practicable after the expiry of that period, the Minister shall issue a further notice advising any interested party of the accreditation proceedings to be held in not less than 30 days. At these proceedings, the Minister or a person authorized by the Minister shall call upon the association or organization and any interested person present to make any representations in connection with the application. The Minister or an authorized person may provisionally recognize the association or organization, decline provisional recognition, or recognize it provisionally subject to any alteration in the class or classes of members of the public service sought to be represented. The Minister shall, on request, supply any interested person with the reasons for his or her decision. 151. A provisionally recognized association or organization may, not less than six months or more than one year after being so recognized, apply to the Minister for confirmation of its recognition (regulation 5). The procedure for provisional recognition applies mutatis mutandis to the confirmation procedure. 152. In any determination of the recognition of an association or organization, the Minister shall take into account: the representations by the Public Service Commission and members of the public service who might be affected; the desirability of affording the majority of the members of the public service effective representation in negotiations affecting their rights and interests; 100 Here and in what follows, the “Minister” means the Minister of Public Service, Minister of Labour and Social Welfare or any other Minister to whom the President may, from time to time, assign the administration of the Act, such as the Minister responsible for Justice, who is assigned to administer Part XI (on the Labour Court) of the Act. 101 To carry out its activities, an association or organization of public servants must be recognized and become a body corporate (regulations 6(1) and 7). Meetings-2009-Zimbabwe C of I-2009-12-0035-3-En.doc/v3 49

Select target paragraph3

Add to table of contents