LABOUR ACT [Chapter 28:01] (as amended)
(b)
be guilty of an offence and liable to a fine not
exceeding level seven or to imprisonment for
a period not exceeding two years or to both
such fine and such imprisonment.
(4) If a registered collective bargaining agreement provides a procedure for the conciliation and
arbitration of any category of dispute, that procedure is the exclusive procedure for the determination of disputes within that category.
82A Copies of collective bargaining
agreement
(1) Each party to the negotiation of a collective
bargaining agreement shall be provided with a
copy of the agreement.
(2) A copy of a collective bargaining agreement
in force shall be posted in a conspicuous place in
every undertaking in respect of which it applies.
(3) A copy of a collective bargaining agreement
in force shall be made available for examination
free of charge on request by any employee bound
by its terms at the offices of the trade union that
was a party to its negotiation.
PART XI
LABOUR COURT
83 Administration of Part XI
This Part shall be administered by the Minister
of Justice, Legal and Parliamentary Affairs or any
other Minister to whom the President may, from
time to time, assign the administration of this Part.
84 Establishment and composition of
Labour Court
(1) There is hereby established a court, to be
known as the Labour Court, which shall be a
special court for the purposes of section 92 of the
Constitution and a court of record.
(2) The Labour Court shall consist of—
(a) the Senior President of the Labour Court and
such number of Presidents of the Labour
Court as the President may consider necessary after consultation with the Judicial Service Commission; and
(b) subject to subsection (1) of section ninety,
such assessors as are provided for in this Act.
(3) A person referred to in paragraph (a) of
subsection (1) shall be appointed on such terms
and conditions, including terms and conditions
relating to the payment of salary, allowances and
pension benefits, as the President, on the recommendation of the Judicial Service Commission,
may fix.
(4) Assessors shall be chosen in terms of section
ninety, whenever required, from the list prepared
in terms of section eight-six.
85 Qualification for appointment as
President of Labour Court
A person shall not be qualified for appointment
as a President of the Labour Court unless he—
(a) is a former judge of the Supreme Court or
the High Court; or
(b) is qualified to be judge of the High Court; or
(c) has been a magistrate in Zimbabwe for not
less than seven years.
Re-issue
86 Assessors
(1) The Senior President of the Labour Court, in
consultation with the Minister—
(a) shall prepare a list of the names of not less
than ten persons who have knowledge or experience in labour relations and who may
appropriately be appointed as assessors of the
Labour Court; and
(b) may from time to time add names to or
remove names from the list referred to in
paragraph (a).
(2) The Senior President of the Labour Court
may, in consultation with the Minister, add or
remove the name of any person from any list
drawn up in terms of subsection (1).
(3) Before entering upon his duties for the first
time, an assessor shall take an oath before the
Senior President of the Labour Court that he will
faithfully perform his duties as a member of the
Labour Court.
(4) An assessor shall be paid such remuneration
and allowances as the Minister responsible for
justice, with the consent of the Minister responsible for finance, may fix.
87 Registrar of Labour Court
(1) There shall be a registrar of the Labour
Court whose office shall be a public office and
form part of the Public Service.
(2) The registrar of the Labour Court shall be
responsible for—
(a) filing applications, references, appeals,
records and other documents lodged with the
Labour Court; and
(b) safeguarding the records of the Labour
Court; and
(c) notifying parties of the dates and times at
which matters are set down for hearing by
the Labour Court; and
(d) performing such other functions as may be
prescribed or as may be necessary for the
proper functioning of the Labour Court.
(3) In the performance of his functions as registrar of the Labour Court, the registrar of the
Labour Court shall be subject to the directions of
the Senior President of the Labour Court.
88 Seal of Labour Court
(1) The Labour Court shall have and use as
occasion may require a seal in a design approved
from time to time by the President.
(2) The registrar of the Labour court shall have
custody of the seal of the Labour Court.
89 Functions, powers and jurisdiction of
Labour Court
(1) The Labour Court shall exercise the following functions—
(a) hearing and determining applications and
appeals in terms of this Act or any other enactment; and
(b) hearing and determining matters referred to
it by the Minister in terms of this Act; and
(c) referring a dispute to a labour officer, designated agent or a person appointed by the Labour Court to conciliate the dispute if the
Labour Court considers it expedient to do so;
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