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Minister Goche

Business Reporter
MILLING industry workers have backed down from a proposed collective job action to press for a five percent increment, lawyers representing grain millers said. The workers, through the Milling Industry Workers Union, backtracked from their strike threat before the matter was heard in court. Lawyers from Dube Manikai and Hwacha, who are representing the Grain Millers Association of Zimbabwe (GMAZ), said the workers had acknowledged that their proposed industrial action is illegal.

This came after the Minister of Labour Nicholas Goche had issued a show cause order to the Milling Industry Workers’ Union following an application by GMAZ in response to the industrial action threat.

In its application to the Minister, GMAZ argued that the intended action was unlawful because during the negotiations the parties had agreed to refer the matter to arbitration in case of a deadlock.

However, the workers argued that the reason behind the strike was the employers’ refusal to award the more than 55,000 employees a 4,8 percent salary increment.

They argued that employers did not disclose their financial status to prove claims of financial incapacity.
But before the matter could be heard in court, the workers decided not to pursue the industrial action route.

“When we attended court, employees highlighted two things,” said GMAZ lawyers.
“Firstly the workers acknowledged that the strike was unlawful. Secondly, because of their appreciation of the unlawfulness of the strike, they had not gone on strike and will not go on strike on the basis of the notice,” the lawyers said.

Labour officers said although the parties had earlier agreed to refer the matter to arbitration but the agreement does not suffice reference to arbitration.
There is need for a certificate of no settlement and further consent by both parties. Hence that agreement is not binding and is of no bearing on the intended action, according to labour rules.

“However the absence of a certificate of no settlement illegalises the intended action. This is because Section 104 (2) (b) of the Labour Act states that parties cannot recommend a collective job action unless the matter has gone through conciliation and a certificate of no settlement has been issued,” the labour officer said.

The Minister directed that the collective job action be terminated pending the determination of the matter.
“If you fail to show cause at time and place notified, you shall be guilty of an offence, and liable to a fine not exceeding level fourteen or to imprisonment not exceeding five years or to both such fine and imprisonment,” said Minister Goche.