LC/rev/H/11/11.
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Form L.C. 4
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LABOUR ACT [CHAPTER 28:01}
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NOTICE OF APPLICATION FOR REVIEW BY LABOUR COURT
EXPLANATORY NOTES
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(i)
Three copies of this notice must be completed by the applicant, one of which the applicant must serve on the respondent (the other party to this application), and the other the applicant must send to the registrar after this notice has been served on the respondent.
A person making an application on behalf of another person or body shall indicate on this form at which address process should be served.
A copy of the following documents should be attached to each copy of this notice of application, if they are available to the applicant.
• the record of any charge against or allegation of misconduct on the part of the applicant that
was served on the applicant, if any.
• the minutes or record of any proceedings or hearing undertaken to inquire into any charge
against or allegation of misconduct on the part of the applicant
• a minute or record of any decision taken at the conclusion of any proceedings or hearing referred to in the second bullet
• the letter of suspension or dismissal from employment, if any.
(iv) An application for review must be served o the respondent and sent to the registrar within twenty-one (21) days of the date on which the applicant received the determination or direction.
TO THE REGISTRAR OF THE LABOUR COURT
TO THE RESPONDENTS:
MINISTER OF LABOUR & SOCIAL WELFARE
1st Respondent
Civil Division of Attorney General Office
HARARE
AND TO:
The National Employment Council for the Agricultural Industry
2nd Respondent
C/o Dube Manikai & Hwacha
6th floor, Goldbridge
Eastgate Complex
Sam Nujoma Street
HARARE (AKM/lm)
AND
TO: Zimbabwe Agricultural Employers Organisation (ZAEO)
3rd Respondent
C/o Mushangwe & Company
1st floor, Coal House
17 Nelson Mandela Avenue/teopoldTakawira
HARARE
AND
TO: General Agricultural and Plantation Workers Union of Zimbabwe
(GAPWUZ)
4th Respondent
C/o Mwonzora & Associates
4th floor, Southwing
Fidelity Life Tower
Raleigh Street/Luck Street
HARARE
DETAILS OF REVIEW
I SIMON SADOMBA of Gill Godlonton & Gerrans Legal Practitioners, 7th floor, Beverley Court, 100
Nelson Mandela Avenue representing the Agricultural Labour Bureau of 7th floor, Beverley Court, 100 Nelson
Mandela Avenue, Harare
am aggrieved that (tick the appropriate box):
the labour officer of other authority concerned in the proceedings for which I seek review lacked jurisdiction to conduct them
the labour officer or other authority concerned in the proceedings for which I seek review was an interested party to the proceedings or was motivated by bias, malice or corruption
* there was gross irregularity in the proceedings or the decision for which I seek review.
The date on which the proceedings were concluded and decision was made was: 4 June 2010.
The following in brief are facts and grounds on which this application for review is based (// the space provided below is inadequate, not more than two pages containing details of the grounds of the appeal may be attached to this Form):
Grounds of Review
1) Contrary to the spirit of collective bargaining, Applicant, a bona fide stakeholder representing the majority
of stakeholders in the Agricultural Industry, was left out from the collective bargaining process that
culminated in the Collective Bargaining Agreement: Agricultural Industry: (Council Dues) enshrined in SI
101 of 2010.
2) The purported C.B.A, SI 101 of 2010, is irregular since negotiators from the Employers’ side were drawn
from one employer organisation, 3rd Respondent hereto. 3rd Respondent represents A2 Farmers only and
did not have a mandate to negotiate wages on behalf of the Applicant. Applicant represents the majority of the stakeholders in the industry.
3) 1st Respondent was fooled into gazetting the CBA. According to the preamble of the schedule to SI 101 of
2010 it is purported that the CBA is “made and entered into between ZAEO, ALB ………. and commodity
associations that is HPC, Agro and Timber ……. “. Yet Applicant was never invited to participate in the
collective bargaining process.
Accordingly I wish to appeal to the Labour Court to do the following (Tick the appropriate box; if you seek more than one form of relief form the Court, add “and”, “or” or “and/or” at the end of the sentences opposite the boxes you have ticked):
* Reverse or set aside the decision, order or action reviewed and, if appropriate, substitute its own decision or order.
* Refer the matter that is the subject of this appeal back to the body, person or authority concerned for further consideration.
•-N
* Payment of legal fees and costs connected with this application.
* Other relief (specify) ………………………………………………………………….
Name and address of legal practitioner or employee/employee representative of the applicant, if any
SIMON SADOMBA of Gill, Godlonton & Gerrans Legal Practitioners, 7th floor, Beverley Court, 100 Nelson
Mandela Avenue, Harare representing Temple Assets (Pvt) Ltd.
I wish to have summoned to attend the following persons as witnesses:
Name Address Notes
N/A
Notice of this application was served on the Respondent on the by means of (tick
the mode of service used)
^ Registered post
• Delivery through a commercial courier service
^ Personal delivery to the Respondent or to his or her duly appointed agent
• Delivery to a responsible individual at the Respondent’s place of work or residential address
• Telegraph
• Telefacsimile
Proof of service is attached hereto
Signature of person noting the application for review.
As w
FOR OFFICIAL USE ONLY
Received by the registrar on the
(Registrar)
Statutory Instrument 101 of 2010.
CHAP. 28:01
Collective Bargaining Agreement: National Employment Council (Agricultural Industry) (Council Dues) .
IT is hereby notified that the Minister of Labour and’Social Welfare has, in terms of section 81 of the Labour Act [Chapter 28:01], approved the Collective Bargaining Agreement set out in the Schedule, which further amends the agreement published in Statutory Instrument 323 of 1993,
SCHEDULE ..
NATIONAL EMPLOYMENT COUNCIL FOR THE AGRICULTURAL INDUSTRY
COLLECTIVE BARGAINING AGREEMENT: AGRICULTURAL INDUSTRY: (COUNCIL DUES)
This further agreement shall be read as one with the agreement published in the Statutory Instrument 323 of 1993 (hereinafter referred to as “the principal agreement”), in accordance with the provisions of the Labour Relations Act [Chapter 28:01], made and entered into between the ZAEO, ALB, ZCFU and ZFU and commodity associations that is HPC, Agro and Timber (hereinafter referred to as “the employers” or “the employers organization”), of the one part, and the GAPWUZ and HGAPWUZ (hereinafter referred to as “the employees” or “the trade unions”),of the other part, being parties to the National Employment Council of the Agricultural Industry.
Council dues
1. For the purpose of meeting the expenses of the Council every
employer shall, with effect from 1st February, 2009, each employer
should deduct from the gross monthly salary/wage and allowances of
each of his employees, US$1 per month.
2. To the amount deducted in terms of clause 1, the employer shall
also contribute US$1, making the total of US$2 to the National
Employment Council. The total amount shall be remitted to the
Secretary of the Council, in full, not later than the due date, together
with the dues form (Annexure) or as prescribed by the Council from
time to time.
Collective Bargaining Agreement: National Eploymeut Council (Agricultural Industry) (Council Dues)
3. Employer is obliged to declare permanent, seasonal/casual, contract and fixed term contract employees that are currently employed as defined in the Collective Bargaining Agreement, Statutory Instrument 323 of 1993 and its amendments.
Declaration
The employers’ organizations and the trade unions, having arrived at the agreement set forth herein, the undersigned hereby declare that the foregoing is the agreement arrived at and affix their signatures hereto.
Signed at Harare this 20th day of February, 2009. .
C. KUGOTS1, M.MUNYANYI,
Chairman—Employers Representative Chairman—Employees Representative
Zimbabwe Agricultural Employers OrganiEalion General Agriculture and Plantation Workers’
Union of Zimbabwe.
S.JERA, Chief Executive Officer
National Employment Council for the Agricultural Industry of Zimbabwe
Supplement to the Zimbabwean Government Gazette dated the 4th June, 2010. Primed by the Government Printer, Harare.
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