Effect given to the recommendations of the committee and the Governing Body - Report No 318, November 1999

Case No 1937 (Zimbabwe) - Complaint date: 09-SEP-97 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 89. The Committee last examined this case at its meeting in March 1998 when it urged the Government to amend sections 98, 99, 100, 106 and 107 of the Labour Relations Act as revised in 1996 so as to ensure that compulsory arbitration may only be imposed with respect to essential services and in cases of acute national crisis. It further requested the Government to take the necessary measures to ensure that those workers who were dismissed as a result of their participation in the Standard Chartered Bank strike of April 1997 were reinstated in their jobs and entitled to the same conditions of employment and benefits as were enjoyed prior to the strike and to amend section 107(5) of the Labour Relations Act so as to ensure that workers are not discriminated against in their employment for exercising legitimate trade union activity (see 309th Report, para. 452).
2. 90. In a communication dated 31 August 1999, the Government indicates that following a Supreme Court ruling that domestic remedies had not been exhausted in this case, the matter was remitted to the National Employment Council for the Banking Undertakings which ruled in favour of the workers in January 1999. The employers have appealed against this verdict and the case is pending before the Labour Relations Tribunal. As concerns the request to amend the Labour Relations Act, the Government states that the request to limit the imposition of compulsory arbitration to essential services and in cases of acute national crisis should be perceived in the context of what is provided for in the Act and the fact that the Government has an economy to run and affirmed that, absent a universal definition of essential services, the banking sector in the Zimbabwean case was such an essential service. As concerns the request to facilitate the reinstatement of the dismissed workers, the Government indicates that it could not discuss this matter since it is presently before the Labour Relations Tribunal. If the judgement is not in favour of the workers, they may appeal to the Supreme Court. Given the doctrine of separation of powers, judicial processes will decide not only the fate of the workers but also the desirability of the provisions in the Labour Relations Act which were referred to by the Committee.
3. 91. The Committee takes note of the information provided by the Government. It must recall, however, its previous conclusions that the imposition of compulsory arbitration is only acceptable in cases of strikes in essential services and that it has already considered that banking is not an essential service. The Committee therefore urges the Government once again to amend sections 98, 99, 100, 106 and 107 of the Labour Relations Act in order to bring the legislation into conformity with this principle. Furthermore, recalling that the dismissal of workers because of a legitimate strike constitutes discrimination in employment, the Committee requests the Government to keep it informed of any measures taken to ensure the reinstatement in their jobs of those workers who were dismissed as a result of their participation in the Standard Chartered Bank strike of April 1997 under the same conditions of employment and with the same benefits as were enjoyed prior to the strike, as well as any steps taken to amend section 107(5) of the Act. Finally, it requests to be kept informed of the outcome of the case before the Labour Relations Tribunal on this matter.