Effect given to the recommendations of the committee and the Governing Body - REPORT_NO311, November 1998

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

1. 92. At its meeting of March 1998, when it examined allegations relating to violations of the right to strike and anti-union dismissals, the Committee: (1) urged the Government to amend sections 98, 99, 100, 106 and 107 of the Labour Relations Act as revised in 1996, which grants the labour authorities the power to refer disputes to compulsory arbitration whenever it considers this to be appropriate, so as to ensure that such compulsory arbitration may be imposed only with respect to essential services and in cases of acute national crisis; and (2) requested the Government to take the necessary measures to ensure that those workers who were dismissed for their participation in the Standard Chartered Bank strike of April 1997 are reinstated in their posts under the same terms of employment and with the same benefits as they enjoyed before the strike, and to take the necessary steps to amend section 107(5) of the Labour Relations Act to ensure that workers are not discriminated against in their employment for engaging in legitimate trade union activities. The Committee requested the Government to keep it informed of the progress made in this regard (see 309th Report, para. 452(a) and (b)).
2. 93. In its communication of 30 May 1998, the Government states that in December 1997 the High Court rejected the case of the dismissed bank workers and that subsequently the workers in question lodged an appeal against that ruling before the Supreme Court. The Government states that the judicial system and the current proceedings must be respected and that the Government and the trade union organization in question will have to abide by the Supreme Court's ruling, since the doctrine of the separation of powers prevails in Zimbabwe.
3. 94. In a communication dated 13 October 1998, the complainant indicates that the Supreme Court has ruled against the reinstatement of the bank workers and provides a copy of the court judgement.
4. 95. The Committee takes note of this information. It recalls that in its previous examination of this case, it had observed that the mass dismissals of strikers at Standard Chartered Bank were based on a disposal order issued by the labour officer which provided that the employer could take any disciplinary action which he deemed fit against any employee failing to comply with the order. Yet, the compulsory arbitrations imposed by the order, and the order as a whole, have been considered by the Committee to be contrary to the principles of freedom of association. The Committee further notes that neither the Supreme Court nor the High Court considered these matters in their review. Under these circumstances and recalling that the dismissal of workers for participating in a legitimate strike constitutes discrimination in employment, the Committee urges the Government to take all necessary steps, in accordance with the above-noted principles, to ensure that the dismissed workers are reinstated in their posts as soon as possible and to keep it informed in this regard. Lastly, the Committee notes that the Government has not replied in respect of its recommendation to amend the Labour Relations Act and requests the Government to keep it informed of any steps taken or envisaged in this regard.