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; - 33 - 1st May 2003-

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