An Overview of Section 9 of the Labour Act [Chapter 28:01]
While trade unions and workers committees play a vital role in representing and protecting employees’ rights, Section 9 of the Labour Act outlines clear rules to ensure that these bodies also act lawfully and in good faith. Just as employers can commit unfair labour practices, trade unions and workers committees can also be held accountable for conduct that undermines employee rights or violates the law.
Below is a simplified explanation of what amounts to unfair labour practices by trade unions or workers committees under Zimbabwean law.
🔹 Purpose of Section 9
This section is designed to:
- Protect employees from misuse of power by the very bodies meant to represent them;
- Promote accountability and compliance with the law and union constitutions;
- Ensure that employees’ interests are fairly and consistently represented in all industrial relations matters.
🔹 What Constitutes an Unfair Labour Practice by a Trade Union or Workers Committee?
A trade union or workers committee commits an unfair labour practice if it does any of the following:
1. Obstructs Employees from Exercising Rights (s.9(a))
- Preventing or hindering an employee from enjoying or exercising their rights under the Labour Act (especially those in Part II).
✅ Example: A union that pressures a worker not to join another legally registered union is violating this provision.
2. Breaks Its Own Constitution (s.9(b))
- Violating any part of its own governing rules or constitution.
✅ Example: If a union fails to hold elections at the times set out in its constitution, or refuses to follow its internal dispute resolution procedures.
3. Fails to Represent a Member’s Interests (s.9(c))
- Neglecting to stand up for or support an employee whose rights have been violated under:
- The Labour Act;
- A valid collective bargaining agreement;
- An employment council ruling;
- A labour dispute ruling under Part XII.
✅ Example: A workers committee that refuses to assist a worker unfairly dismissed by management without valid reason is failing in its duty.
4. Ignores Binding Legal Rulings (s.9(d))
- Not complying with decisions or directions from:
- Employment councils;
- Labour officers or the Labour Court;
- Any binding authority under the Act.
✅ Example: A union instructed by an employment council to reinstate a member as part of a dispute settlement but refuses to act.
5. Acts Without Registration (s.9(e))
- A union that is not registered must not:
- Act as a collective bargaining agent;
- Collect union dues from employees.
❌ Example: An unregistered union demanding salary deductions for union fees.
6. Calls for Illegal Strikes (s.9(f))
- Recommending or organizing collective job action (e.g. strikes or stayaways) in violation of a valid collective bargaining agreement.
❌ Example: Calling for a strike when the agreement says disputes must go to arbitration first.
7. Interferes with Another Registered Union (s.9(g))
- Claiming to act as the bargaining agent or calling for job action when another union is already registered to represent those employees.
✅ Example: A small breakaway union attempts to negotiate on behalf of all workers when a larger, registered union is already the official representative.
8. Signs Agreements Without Authority (s.9(h))
- Attempting to enter into collective bargaining agreements or agency agreements for workers already represented by another registered union.
❌ Example: A rival union signs a wage agreement for mine workers who are already under the representation of a different, duly registered union.
⚖️ Why These Rules Matter
Trade unions and workers committees are powerful tools for protecting workers’ rights—but with that power comes responsibility. If they abuse their position or fail to act in the interests of workers:
- Workers lose trust in their representation;
- Labour relations break down;
- The union or committee can be held legally accountable.
✅ Conclusion
Section 9 of the Labour Act ensures that representation is responsible, lawful, and focused on genuine employee welfare. Trade unions and workers committees must always act in the best interests of their members and within the boundaries of the law.
Unions that:
- Obstruct rights,
- Fail to represent fairly, or
- Engage in unlawful behaviour,
…undermine the very purpose of organised labour. Zimbabwe’s Labour Act balances this by offering both protection and accountability—for employees, employers, and their representatives alike.