5ster of Public Service, Labour and Social Welfare, or any other
Minister to whom the President may, from time to time
aqssign the administration of this Act except for Part XI;
(b) Part XI, means the Minister of Justice, Legal and Parliamentary Affairs, or any other Minister to whom the President may
10from time to time, assign the administration of Part XI;";
(c) by the repeal of the definitions of "certified", "Chairman", "code", "Deputy
Chairman", "employment board" and "Tribunal";
(d)
in the definition of "managerial employee” by the deletion of “, or to make
recommendations on these matters to his employer".
14
4
New section inserted after section 2 in Cap. 28:01
The principal Act is amended by the insertion after section 2 of the following section -"2A Purpose of Act
( 1 ) The purpose of this Act is to advance social justice and democ20racy in the work place by -(a) giving effect to the fundamental rights of employees provided
under Part II;
(b) giving effect to the international obligations of the Republic
of Zimbabwe as a member State of the International Labour
25 and as a member of or party to any other international organisation or agreement governing conditions of
employment;
(c)
providing a legal framework within which employees and
employers can bargain collectively for the improvement of
30conditions of employment;
(d) the promotion of fair labour standards;
(e) the promotion of the participation by employees in decisions
affecting their interests in the work place;
(f)
securing the just, effective and expeditious resolution of
35disputes and unfair labour practices.
(2) This Act shall be construed in such manner as best ensures the
attainment of its purpose referred to in subsection ( 1 ).
(3) In the event of inconsistency between this Act and any other
enactment then, unless the enactment concerned expressly excludes or modi40fies the provision of this Act sought to be applied- –
(a) this Act shall prevail over the enactment concerned to the
extent of the inconsistency; and
(b)
the enactment concerned shall be construed with such modifications, qualifications, adaptations and exceptions as may be
45necessary to bring it into conformity with this Act.".
5
New section substituted for section 3 of Cap. 28:01
Section 3 of the principal Act is repealed and the following is substituted –
4 “3 Application of Act
(1) Subject to this section, this Act shall apply to all employers and
all employees.
(2) In regard to employees of the State, this Act shall, subject to
5subsection (3), apply only to –
(a)
members of the Public Service; and
(b)
such other employees of the State, other than members of a
disciplined force, as the President may designate by statutory
10and shall bind the State in its capacity as employer of the persons referred to
in paragraphs (a) and (b).
(3) In the event of any dispute –
(a) between any member of the Public Service and the Public
instrument;