The document discusses the legal position of strikes in Zimbabwe. It begins by defining different types of strikes and outlining justifications for the right to strike from international instruments and Zimbabwean law. While the Zimbabwean constitution mentions the right to collective job action, the law is unclear on the right to strike. There is no right to strike for public sector workers. For non-public sector workers, the Labour Relations Act provides for the right to strike but places many restrictions on it. As a result of these ambiguities and restrictions, the document concludes that the right to strike in Zimbabwe is unclear and not meaningfully protected.

1. GROUP PRESENTATION
Qtn: There is no right to
strike in Zimbabwe.
Discuss the legal position
with regard to strikes in
Zimbabwe

2. PRESENTATION OUTLAYintroduction
Right to strike
International instruments
Strike law in Zimbabwe
Process for striking
No right to strike
International instruments
Strike law in Zimbabwe

3. STRIKE
Definition of strike
Strike is the refusal of union members to work and is recognized as a basic union right .
Types of strikes
Economic strike
This is a strike over an economic issue such as wages, benefits and working conditions
Grievance strike
Occurs when the union does not agree with the way management handles problem e.g
the disciplining of an employee

4. Secondary
A strike in which other unions agree to work stoppage not because of
action by their own employer but to support other union members
striking at other firms.
Wildcat strike
It takes place suddenly and without warning. This strike is forbidden
in most countries.

5. RIGHT TO STRIKE
The right of workers to strike is probably the most controversial
component of the labour law. It raises complex questions. For
instance:
Should the law create and protect a right to strike.
The issue of a right to strike attracts very strong and sometimes
deeply emotive and ideological views.

6. JUSTIFICATION
Human right
According to Lovemore Madhuku striking is defended as a
fundamental human right for employees just like other human rights
in general self evidence right.
In such a case the right to strike ought to be part of any civilised
community in the same way as the right to life, liberty and other
common human rights.

7. DEMOCRACY
According to Davies and Freedland 1983, “there can be no
equilibrium in industrial relations without a freedom to strike. In
protecting the freedom, the law protects the legitimate expectations
of workers that they can make use of their collective power: it
corresponds to the protection of the legitimate expectation of
management that it can use the right of property for the same
purpose on its side”.

8. THE “EQUILIBRIUM” ARGUMENT
This is heavily rooted in the concepts that under lie labour law.
The right to strike is seen as creating an equilibrium in labour
relations. This equilibrium is seen as essential for the establishment
of a properly functioning industrial relations system.
The equilibrium facilitates collective bargaining , the latter being seen
as the corner stone of the modern labour law
According to this justification, the basic principle of modern law
should be to promote collective bargaining as a strong means to
resolving the inherent conflict between labour and capital while at the
same time preserving an efficient capitalist system.

9. CONT………
The justification for the right to strike largely shapes the nature and
extent of protection given by the law.
For example the equilibrium argument as the basis of law of strikes,
makes purely political strikes illegal in the UK and the US, as these
are not functional to collective bargaining.( Brassey et al 1987)
The South African constitution does not protect political strikes as it
only grants the right to strike for the purpose of collective
bargaining.
According to Halbach et al 1992, in Germany, “the aim of strikes must
be the conclusion of a collective agreement. If they are called to
achieve goals that cannot be covered in a collective agreement , they
are illegal. This applies to political strikes..”

10. CONT………..
In Italy the constitution grants a right to strike on the justification of
fundamental human rights, some political strikes are lawful.

11. INTERNATIONAL JUSTIFICATIONS-
INTERNATIONAL LABOUR LAW
International labour law refers to the rules of labour law which have
been established by main sources and are the legal instruments of
the International Labour Organization (ILO) and other international
and regional human rights instruments.
The ILO case law, developed by the committee of Experts and the
Committee on freedom of association, have derived the right to strike
from the concept of freedom of Association as enshrined In
Conventions 87 and 88 holding that the right to strike is ‘ an intrinsic
corollary to the right to organize protected by Convention 87 and the
right to strike is ‘ a legitimate means… through which workers …may
promote and defend their economic and social interest.

12. INTERNATIONAL COVENANT ON
ECONOMIC, SOCIAL AND CULTURAL
RIGHTS (1966)
It justifies strike provided it is exercised in conformity with the laws
of the particular country.
The European Social Charter of 1961, recognises the right of workers
and employers to collective action in the case of conflict of interest,
including the right to strike, subject to obligations that might arise
out of collective agreements previously entered into.

13. THE ZIMBABWEAN CONSTITUTION
The constitution of the Zimbabwe is the supreme law of the country
and any law which is inconsistent with it, is void.
If the constitution grants the right to strike, any purported
prohibition or restriction of it in the labour legislation would be void.
The constitution according to section 65 (1) states that “ except the
member of the security every employee has the right to participate in
collective job action, including the right to strike, sit in withdraw their
labour and to take other similar concerted action, but a law may
restrict the exercise of this right in order to maintain essential
services.”

14. CONT..
This however does not fairly and truly support the right to strike but somewhere
somehow protects the right to strike.
More so, It is then argued that the constitutional protection of the freedom of
association and assembly enshrined in section 58 could cover a right to strike.
The constitution also protects the freedom to demonstrate and petition (section 59)
states that “ every person has the right to demonstrate and to present petition, but
these rights must be exercised peacefully. This could also cover the right to strike.
On the other hand the freedom to join and participate in trade unions activities
necessarily includes the right to strike. In support to that, the ILO derived a right to
strike from freedom of Association.

15. CONT…….
In countries like South Africa and Malawi, the constitutions specifically enshrine some
right to strike.
In Zimbabwe it is clear that workers on strike or participating in a demonstration have a
constitutional right to peaceful assembly and movement without interference from state
is necessary for workers to demonstrate or assemble in the constitution.

16. RIGHT TO STRIKE IN THE PUBLIC
SERVICE IN ZIMBABWE
The constitution creates 2 main groups of government workers.
The public service
It is administered by a constitutionally entrenched public service
commission operating in terms of the public service act.
Other special groups outside the public service commission
For example the police, army, prison services and the judiciary and
these are governed by specific acts of parliament enjoined by the
constitution.
There is no right what so ever to strike for this group.

17. RIGHT TO STRIKE OUTSIDE THE
PUBLIC SERVICE
The legislation governing labour law outside the government
employment is the Labour Relations Act.(chapter 28:01)
According to Section 104 (1), ‘subject to this act all employees,
workers committees and trade unions shall have the right to resort to
collective job action for the redress of lawful grievances.

18. LABOUR RELATIONS ACT
Section 104(1) states that striking is justified when it is a collective
action and not an employee action
The Act recognizes the right to strike even by unorganized workers
as long as they are employed unlike in other countries like Germany
and Sweden where a lawful strike can only be organised by a Trade
Union.
Section 108 of the Act protect lawful strikes

19. THE PROCESS FOR STRIKING.
(a) fourteen days’ written notice of intent to resort to such action,
specifying the grounds for the intended action, given—
(i) to the party against whom the action is to be taken; and
(ii) to the appropriate employment council; and
(iii) to the appropriate trade union or employers organisation or federation
in the case of members of a trade union or employers organisation or federation
partaking in a collective job action where the trade union or employers organisation or
federation is not itself resorting to such action;

20. CONT……
(b) an attempt has been made to conciliate the dispute and a certificate of
no settlement has been issued in terms of section ninety-three.
1) A labour officer to whom a dispute has been referred, or to whose attention it has
come, shall attempt to settle it through conciliation or, if agreed by the parties, by
reference to arbitration.
(2) If the dispute is settled by conciliation, the labour officer shall record the
settlement in writing.
(3) If the dispute is not settled within thirty days after the labour officer began to
attempt to settle it under subsection (1), the labour officer shall issue a certificate of
no settlement to the parties to the dispute.

21. CONSULTATION TO SENIOR OFFICERSAfter a labour officer has issued a certificate of no settlement, the labour officer,
upon consulting any labour officer who is senior to him and to whom he is
responsible in the area in which he attempted to settle the dispute—
(a) shall refer the dispute to compulsory arbitration if the dispute is a
dispute of interest and the parties are engaged in an essential service; or
(b) may, with the agreement of the parties, refer the dispute to
compulsory arbitration; or
(c) may refer the dispute to compulsory arbitration if the dispute is a
dispute of right;
and the provisions of section ninety-eight shall apply to such reference to compulsory
arbitration.

22. CONT……
The labour court or labour officer is the one who chooses the Arbitrator, a person
whose name appears on a list referred to by the Minister, in consultation with the Senior
President of the Labour Court and the appropriate advisory council.
The Arbitration Act [Chapter 7:15] shall apply to a dispute referred to compulsory
arbitration.
Where the Labour Court or a labour officer has referred a dispute to compulsory
arbitration, no employee, workers committee, trade union, employer or employers
organisation shall engage in collective job action in respect of the dispute.

23. PURPOSE OF ENFORCEMENT
Where arbitral award has been registered, it shall have the effect, for
purposes of enforcement, of a civil judgment of the appropriate court.

24. THERE IS NO RIGHT TO STRIKE
When the strike does not achieve goals
The aim of the strike must be the conclusion of a collective agreement
or achieve goals, this applies particularly to political or demonstration
strikes ( Halbach et al , 1992)

25. ZIMBABWEAN STRIKE LAWS ARE UNCLEAR
If there is clear justification on the right to strike , then there is a right
to strike but if there is no clear justification , then there is no right to
strike. Hence the nature of the current Zimbabwean law is not clear.
It is important to provide a clear justification for the right to strike,
which constitute the basis of the law.

26. INTERNATIONAL LABOUR ORGANIZATION CONVENTION
DOES NOT SPECIFY ON THE RIGHT TO STRIKE
For example the ILO Conventions No 87 On Freedom of Association
and Protection of the right to organize and 98 on the right to Organise
and collective Bargaining do not make any specific reference to the
right to strike.

27. NO RIGHT TO STRIKE FOR THE
PUBLIC SERVICE
The Zimbabwean Labour Act is silent and does not govern public
service, therefore public services are governed by the Public service
commission and Specific Act of Parliament (section 104,)

28. LABOUR ACT
The Labour Act (section 93) states that, Collective job action is not allowed if the parties
to the dispute have agreed to refer the dispute to arbitration; or if the issue in dispute is
a dispute of right; or if a secret ballot in support of the strike has not been conducted,
or if the CBA procedures have not been complied with.
More so, Subject to subsection (4), no collective job action may be recommended or
engaged in by—
(a) any employees, workers committee, trade union, employer, employers
organisation or federation—
(i) if the persons concerned are engaged in an essential service; or(ii) if the issue in
dispute is a dispute of right; or
(iii) if the parties to the dispute have agreed to refer the dispute to
arbitration;

29. CONT…
(b) any employees, workers committee or employer, if there is in
existence a registered trade union or employers organisation which
represents the
interests of the employees or employers concerned and that trade
union or employers
organisation has not approved or authorised the collective job action;
or
(c) any trade union, employers organisation or federation unless the
trade
union, employers organisation or federation is registered; or
(d) any workers committee, if there is in existence a union agreement
which provides for or governs the matter in dispute, and such

30. THE ZIMBABWEAN CONSTITUTION
IS NOT CLEAR
The constitution of Zimbabwe is the supreme law of the country and
any law inconsistent with it is void unless if the right to strike was
derived from the constitution. The problem, however , is that the
constitution does not specifically incorporate the right to strike.

31. FREEDOM OF ASSOCIATION
The Canadian Supreme Court ruled that the right to strike cannot be
derived from a mere right to associate as the latter does not only
exist for trade unions.

32. UNIFORMED FORCES HAVE NO
RIGHT TO STRIKE
For example the police force resorting to strike may constitute
several offences such as desertion , these offences might lead to
imprisonment of up to 5years, worse more for the army. Thus outside
public service

33. NO RIGHT TO STRIKE BEFORE
REFERRING THE DISPUTE TO
LABOR RELATIONS OFFICER
This dispute should be discussed together with the third part, which
says that there is no right to strike if a labour relations officer or
other institutions in terms of party XII of the Act has dealt with the
dispute.

34. NO RIGHT TO STRIKE WHERE THE
MATTER IS GOVERNED BY AN ACT
THAT HAS EXPIRED
Expired Act is deemed void.

35. NO RIGHT TO STRIKE WHERE A
SHOW CAUSE ORDER IS ISSUED
OUT
The Act gives the minister the power to stop the strike by issuing a
show cause order . Pending this defense , the strike is illegal.

36. CONCLUSION
The Zimbabwe’ view of strike is precisely a fact of giving a right to
strike by a right hand and almost completely taking it away by the left
hand, which makes strikes in Zimbabwe misconceived. The right to
strike should be granted on some justification, so that the law can
make every effort realistic.

37. THANK YOU!!!