Doves Holdings (Pvt) Ltd v Zimbabwe Funeral Services & Assurance Workers Union

[2014] ZWLC 397

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Case Details

Court

Labour Court

Date

4 July 2014

Citation

[2014] ZWLC 397

Judgment No.

LC/H/397/2014

Outcome

unknown

Case Type

Appeal

Bench

Presiding

E Muchawa

Full Bench

E Muchawa

Areas of Law

Labour LawCollective BargainingArbitration

Keywords

dispute of interestdispute of rightlabour arbitrationNational Employment Councilunfair labour practice

Key Issues

{"issue_text":"Did the arbitrators have jurisdiction to deal with a dispute concerning salary increments and grading systems?","issue_type":"procedural","dispositive":"yes","related_facts":"The dispute involved creation of new legal rights for higher salaries and allowances"}
{"issue_text":"Was the dispute a dispute of interest or a dispute of right?","issue_type":"law","dispositive":"yes","related_facts":"The dispute concerned creation of new legal rights rather than infringement of existing rights"}
{"issue_text":"Did section 29 of the Labour Act empower referral to arbitration?","issue_type":"law","dispositive":"yes","related_facts":"Matter was referred in terms of section 29, not section 75"}

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background

Facts of the Case

Background

The respondent trade union sought to negotiate terms and conditions of employment for funeral industry workers. After unsuccessful attempts to establish a National Employment Council for the Funeral Sector, the matter was referred to arbitration. The arbitrators purported to set minimum wages and grading systems despite the appellant being regulated under an existing collective bargaining agreement (SI 45/93).

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