LABOUR ACT [Chapter 28:01] (as amended) “unfair labour practice” means an unfair labour practice specified in Part III, or declared to be so in terms of any other provision of this Act; “union agreement” means a collective bargaining agreement that has been negotiated by an appropriate trade union and an employer or employers organization; “union dues” means money levied by a trade union in terms of section fifty-two; “work of equal value”, for the purposes of subsection (2a) of section five, means work that involves similar or substantially similar skills, duties, responsibilities and conditions; “workers committee” means a workers committee appointed or elected in terms of Part VI; “works council” means a council composed of an equal number of representatives of an employer and representatives drawn from members of a workers committee. 2A Purpose of Act (1) The purpose of this Act is to advance social justice and democracy in the workplace by— (a) giving effect to the fundamental rights of employees provided for under Part II; (b) giving effect to the international obligations of the Republic of Zimbabwe as a member state of the International Labour Organisation 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 conditions 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 disputes 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 modifies 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 necessary to bring it into conformity with this Act. 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 subsection (3), apply only to— (a) members of the Public Service; and Re-issue -8- (b) such other employees of the State, other than members of a disciplined force, as the President may designate by statutory instrument; and 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 Service Commission involving misconduct or suspected misconduct on the part of the member, Part XII shall not apply to such dispute except for section ninety-seven, and, for the purposes of such dispute, the references in paragraphs (b) and (d) of subsection (1) of that section to an employment code shall be construed as being references to the appropriate service regulations prescribing the discipline of members of the Public Service made in terms of the Public Service Act [Chapter 16:04]; (b) between any member of the Public Service, or trade union, organisation, association or federation representing members of the Public Service, and the Public Service Commission, not being a dispute referred to in paragraph (a)— (i) no person other than an employment council registered for the Public Service or a designated agent of that employment council shall have jurisdiction in the matter; and (ii) Part XII shall not apply to such dispute except for section ninety-seven, and then only upon completion of the procedures provided for the settlement of disputes or grievances by the appropriate service regulations made in terms of the Public Service Act [Chapter 16:04] or in terms of any collective bargaining agreement negotiated by the employment council registered for the Public Service. (4) For the avoidance of doubt, nothing in this Act shall be construed as affecting the exclusive responsibility of the Public Service Commission under the Constitution and the Public Service Act [Chapter 16:04] for the creation or abolition of posts or grades in the Public Service, the appointment of persons to such posts or grades and the discipline of members of the Public Service. (5) This Act shall not apply to or in respect of— (a) members of a disciplined force of the State; or (b) members of any disciplined force of a foreign State who are in Zimbabwe under any agreement concluded between the Government and the government of that foreign State. 1st May 2003-