189. In the case of a dispute, a labour officer shall attempt to settle it through conciliation or, if agreed by the parties, by reference to arbitration (section 93(1)). If a dispute is not settled within 30 days (or any other period agreed by the parties), a labour officer shall refer the dispute to compulsory arbitration if it is a dispute of interest and the parties are engaged in an essential service, or with the agreement of the parties (section 93(3) and (5)). If it is not possible for any reason to refer the dispute to compulsory arbitration, any party to the dispute may apply to the Labour Court (section 93(7)). When a dispute is referred to compulsory arbitration, no employee, workers’ committee, trade union, employer or employers’ organization shall engage in a collective job action in respect of the dispute, at the risk of being found guilty of an offence and liable to a fine not exceeding level eight and/or to imprisonment for a period not exceeding two years (section 98(11) and (12)). An arbitration award has the effect of a civil judgement (section 98(15)). 190. Any person who fails to comply with a binding collective agreement commits an unfair labour practice and is guilty of an offence and liable to a fine not exceeding level seven and/or to imprisonment for a period not exceeding two years (section 82(3)). If a registered collective agreement provides for a conciliation and arbitration procedure for a category of dispute, that procedure is the exclusive procedure for the determination of disputes (section 82(4)). 191. With regard to the conditions of service of public servants, including their remuneration, benefits, leave of absence, hours of work and discipline, section 19(1) of the Public Service Act provides that they should be determined by the Public Service Commission in consultation with the Minister. Such conditions may be fixed by means of service regulations, notices, circulars or in such other manner as the Commission considers will best bring the conditions to the attention of public servants (section 19(2)). Section 20 further provides that the Commission shall engage in regular consultations with recognized associations and organizations in regard to the conditions of service of public servants. In this respect, the Public Service (Formation and Recognition of Associations or Organisations) Regulations provide for the right of a recognized association or organization to make representations to the Commission and the Minister (regulation 6(2)(a)). However, notwithstanding this obligation, the conditions of service so fixed or determined by the Commission shall not be invalid solely on the ground that they were not subject to prior consultations or were not agreed to by all the parties to a prior consultation (section 20 of the Public Service Act). 192. The Public Service (Public Service Joint Negotiating Council) Regulations, 1997, establish the bipartite 115 Joint Negotiating Council to engage in mutual consultations and negotiate salaries, allowances and conditions of service in the public service (regulation 3). The Council’s duty is to conclude and enter into agreements on salaries, allowances and conditions of service for submission to the Minister for his or her consideration (regulation 4(f)). 193. Similar arrangements exist for consultations and negotiations in the health service under the Health Service (Health Service Bipartite Negotiating Panel) Regulations, 2006. 116 115 Of which, in addition to the chairperson, nine members are appointed by the Minister of Public Service to represent the State and nine others by the Apex Council to represent the membership of the Apex Council (regulation 3(2)). “Apex council” means a council representing all recognized associations or organizations that is formed for the purpose of conducting negotiations on conditions of service (regulation 2). 116 The Health Service Bipartite Negotiating Panel is composed of a chairperson and 12 members representing the State and the members of the Apex Council. 58 Meetings-2009-Zimbabwe C of I-2009-12-0035-3-En.doc/v3