Effect given to the recommendations of the committee and the Governing Body - Report No 340, March 2006

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

1. 229. The Committee examined this case on the merits at its March 2005 session [see 336th Report, paras. 866-890]. It concerns acts of anti-union discrimination against trade union executives, more particularly the dismissal of the President of the Zimbabwe Congress of Trade Unions (ZCTU) and the indefinite suspension of three other union executives. The Committee had asked the complainant organization to provide further information, including written documentation, in relation with Mr. Matombo’s dismissal. Secondly, it had asked the Government to convene an independent inquiry to examine promptly and thoroughly the allegations of anti-union discrimination in relation with the dismissal of Mr. Matombo as well as the indefinite suspension of Mr. Nkala, Mr. Chizura and Mr. Munandi and to take the appropriate measures according to the conclusion reached, such as reinstatement without loss of pay or benefits. It had finally required the Government to keep it informed of all new developments in this regard.
2. 230. The Government, in its communications dated 16 February and 21 September 2005, indicates that the cases of Mr. Nkala, Mr. Chizura and Mr. Munandi were heard by an arbitrator and disposed of under section 98 of the Labour Act, and that the parties are entitled to appeal the decision to the Labour Court. Mr. Matombo’s case has been referred to compulsory arbitration, and the process should be left to run its course without undue interference. Furthermore, the fact that Mr. Matombo appealed to the Labour Office demonstrates his faith in that jurisdiction. The Government states that its labour offices and labour courts are highly competent to adjudicate the cases involving allegations of anti-union discrimination since provisions in the law protects workers against such unfair labour practices. The Government adds that setting up an independent inquiry over a matter that is being dealt with by the dispute resolution system is inappropriate and premature as it subverts the rule of law.
3. 231. The Committee notes the information provided by the Government as regards Messrs. Nkala, Chizura and Munandi. The Committee recalls that if the competent body were to decide that they have been suspended from their position for anti-union reasons, it expects that they will be reinstated in their jobs or in equivalent positions, without loss of pay and benefits. It requests the Government to indicate the results of the arbitrator’s decision under section 98 of the Labour Code, whether an appeal has been filed and, if so, its final result.
4. 232. Concerning Mr. Matombo, the Committee notes that no information was provided by the complainant organization that might have contributed to resolve the contradictions noted by the Committee in its 336th Report. The Committee recalls that if it appears that Mr. Matombo had fulfilled the requirements applicable for trade union leave, he should be reinstated in his job, without loss of pay and benefits. It requests the Government to keep it informed of the final result of the proceedings filed by Mr. Matombo against his dismissal and to transmit the text of the arbitration decision.