“accreditation
proceedings” means proceedings held in terms of section forty-one;
“agent union”
means a trade union acting as an agent union in terms of section thirty-one;
“appropriate
trade union”, in relation to any employees means—
(a) a trade union
which is an agent union for the employees concerned; or
(b) where there is no agent union for the employ-ees concerned, the
trade union which is registered for interests which correspond most
closely to those of the employees concerned;
“assessor”
means a member of the Labour Court appointed in terms of section eighty-four;
“association
dues” means money levied by an employers organization in terms
of section fifty-two;
“casual work”
means work for which an em-ployee is engaged by an employer for not
more than a total of six weeks in any four consecutive months;
“certificate
of registration” means a certificate relating to the registration
of an employment agency issued in terms of paragraph (a) of subsec-tion
(2) of section one hundred and fifteen;
“check-off
scheme” means a scheme whereby an employer, with the consent of
the employees concerned, deducts union dues directly from the remuneration
of his employees and remits such dues to the trade union representing
them;
“collective
bargaining agreement” means an agreement negotiated in accordance
with this Act which regulates the terms and conditions of em-ployment
of employees;
“collective
job action” means an industrial action calculated to persuade
or cause a party to an employment relationship to accede to a demand
related to employment, and includes a strike, boycott, lock-out, sit-in
or sit-out, or other such concerted action;
“compulsory
arbitration” means compulsory arbitration in terms of section
ninety-eight;
“contractor”
means a person who renders to an employer services which are related
to or con-nected with those of the employer’s undertaking;
“designated
agent” mean a person appointed to be a designated agent of an
employment council in terms of section sixty-three;
“disciplined
force” means—
(a) a military,
air or naval force;
(b) a police force;
(c) a prison service;
(d) persons employed in the President’s Office on security duties;
“dispute”
means a dispute relating to any matter concerning employment which is
governed by this Act;
“dispute
of interest” means any dispute other than a dispute of right;
“dispute
of right” means any dispute involving legal rights and obligations,
including any dispute occasioned by an actual or alleged unfair labour
practice, a breach or alleged breach of this Act or of any regulations
made under this Act, or a breach or alleged breach of any of the terms
of a collective bargaining agreement or contract of employment;
“employee”
means any person who performs work or services for another person for
remunera-tion or reward on such terms and conditions as agreed upon
by the parties or as provided for in this Act, and includes a person
performing work or services for another person—
(a) in circumstances
where, even if the person performing the work or services supplies
his own tools or works under flexible conditions of service, the hirer
provides the substantial investment in or assumes the substantial
risk of the undertaking; or
(b) in any other circumstances that more closely resemble the relationship
between an em-ployee and employer than that between an in-dependent
contractor and hirer of services;
“employer”
means any person whatsoever who employs or provides work for another
person and remunerates or expressly or tacitly undertakes to remunerate
him, and includes—
(a) the manager,
agent or representative of such person who is in charge or control
of the work upon which such other person is employed; and
(b) the judicial manager of such person appointed in terms of the
Companies Act [Chapter 24:03];
(c) the liquidator or trustee of the insolvent estate of such person,
if authorised to carry on the business of such person by—
(i) the creditors;
or
(ii) in the absence of any instructions given by the creditors,
the Master of the High Court;
(d) the executor
of the deceased estate of such person, if authorised to carry on the
business of such person by the Master of the High Court;
(e) the curator of such person who is a patient as defined in the
Mental Health Act [Chapter 15:12] (No. 15 of 1996), if authorised
to carry on the business of such person in terms of section 88 of
that Act;
“employers
organization” means any associa-tion or organization formed to
represent or advance the interests of any employers or groups thereof
in respect of matters relating to employment;
“employment
agency” means any business car-ried on for gain or reward in which
employment of any nature whatsoever is either procured for persons seeking
work or is offered to such persons on behalf of third parties, or in
which advice in regard to such procurement or offering of employment
is given to such persons or third parties, as the case may be;
“employment
code” means an employment code of conduct registered in terms
of section one hundred and one;
“employment
council” means an employment council formed in terms of section
fifty-six or fifty-seven;
“employment
officer” means an officer desig-nated as such in terms of his
employment in the Public Service;
“equal remuneration”,
for the purposes of sub-section (2a) of section five, means rates of
remuneration that have been established without differentiation on the
basis of gender;
“federation”
means a group of trade unions or employers organizations, each of which
is representative of a single undertaking or industry;
“fixed date”
means the 15th December, 1985;
“HIV/AIDS
status”, in relation to any individ-ual, means the presence or
otherwise in that individual of the human immuno-deficiency virus;
“Labour Court”
means the Labour Court estab-lished by section eighty-four;
“labour officer”
means a labour officer referred to in paragraph (b) of subsection (1)
of section one hundred and twenty-one;
"legal practitioner"
means a person registered as such in terms of the Legal Practitioners
Act [Chapter 27:07];
"managerial
employee" means an employee who by virtue of his contract of employment
or of his seniority in an organisation, may be required or permitted
to hire, transfer, promote, suspend, lay off, dismiss, reward, discpline
or adjudge the grievances of other employees;
“maximum
wage notice” means a notice issued in terms of section twenty-two;
“member”,
in relation to the Labour Court, means a President of the Labour Court
or any assessor;
“membership
fees”, in relation to a trade union or employers organization,
means those fees chargeable by the trade union or employers organi-zation
concerned in respect of membership or renewal thereof;
“minimum
wage notice” means a notice issued in terms of section twenty;
"Minister"
means, subject to section 83, the Minister of Public Service, Labour
and Social Welfare or any other Minister to whom the President may,
from time to time, assign the administration of this Act;
“prescribed”
means prescribed by regulations made in terms of section one hundred
and twenty-seven;
“region”
means any area within Zimbabwe de-clared by the Minister, by statutory
instrument, to be a region for the purposes of this Act;
“Registrar”
means the Registrar of Labour re-ferred to in paragraph (a) of subsection
(1) of section one hundred and twenty-one, and includes an Assistant
Registrar referred to in that paragraph;
“relevant
particulars” means such information and other particulars as are
within the interests of a workers committee, trade union, employers
organi-zation or federation, as the case may be, and which relate to
the issue that is legitimately before the organization requesting such
information and other particulars;
“retrench”,
in relation to an employee, means terminate the employee’s employment
for the purpose of reducing expenditure or costs, adapting to technological
change, reorganising the undertak-ing in which the employee is employed,
or for similar reasons, and includes the termination of employment on
account of the closure of the enterprise in which the employee is employed;
“Retrenchment
Board” means the board estab-lished by regulations made in terms
of section seventeen to consider matters related to the re-trenchment
of employees referred to it in terms of section twelve C;
“seasonal
work” means work that is, owing to the nature of the industry,
performed only at certain times of the year;
“technical
or vocational education” means education provided at a technical
or vocational institution;
“technical
or vocational institution” means an institution registered as
such in terms of the law relating to technical or vocational education;
“trade union”
means any association or organization formed to represent or advance
the interests of any employees or class thereof in respect of their
employment;
“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 bargain-ing agreement that has been negotiated by
an appropriate trade union and an employer or em-ployers organization;
“union dues”
means money levied by a trade union in terms of section fifty-two;
“work of
equal value”, for the purposes of sub-section (2a) of section
five, means work that involves similar or substantially similar skills,
duties, responsibilities and conditions;
“workers
committee” means a workers commit-tee 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
and a chairman.
