Biltrans Services (Pvt) Limited v The Minister of Public Service, Labour and Social Welfare & 5 Ors

[2016] ZWCCZ 16

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Case Details

Court

Constitutional Court

Date

18 May 2016

Citation

[2016] ZWCCZ 16

Judgment No.

CCZ 16/2016

Outcome

unknown

Case Type

Application

Bench

Presiding

Malaba DCJ

Full Bench

Malaba DCJZiyambi JCCGwaunza JCCGarwe JCCGowora JCCHlatshwayo JCCPatel JCCGuvava JCCUchena JCC

Areas of Law

Constitutional LawLabour Law

Keywords

equal protection of the lawfair labour practicesarbitral awardsuspension of executionregistration of award

Key Issues

{"issue_text":"Whether section 92E(2) of the Labour Act infringes the right to equal protection of the law under section 56(1) of the Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"Appeal against arbitral award does not suspend execution"}
{"issue_text":"Whether section 98(14) of the Labour Act infringes the right to equal protection of the law and fair labour practices","issue_type":"constitutional","dispositive":"yes","related_facts":"Registration of arbitral awards without merit review"}

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Facts of the Case

Background

The applicant, Biltrans Services (Pvt) Limited, challenged the constitutional validity of sections 92E(2) and 98(14) of the Labour Act, which provide that appeals against arbitral awards do not suspend execution and allow registration of arbitral awards for enforcement. The second to sixth respondents were former employees who obtained an arbitral award against the applicant for USD$99,882-60.

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