Makumbe Primary School v Vivian Makumbe & 2 Others

[2016] ZWLC 14

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Case Details

Court

Labour Court

Date

22 January 2016

Citation

[2016] ZWLC 14

Judgment No.

LC/H/14/16

Outcome

unknown

Case Type

Appeal

Bench

Presiding

F C Maxwell

Full Bench

F C Maxwell

Areas of Law

Labour lawCollective bargainingJurisdiction

Keywords

underpaymentarbitral awardNEC jurisdictionmission schoolschool development committee

Key Issues

{"issue_text":"Whether NEC WEI had jurisdiction to arbitrate the dispute","issue_type":"law","dispositive":"yes","related_facts":"School is mission school under Roman Catholic Church; NEC WEI registration covers schools other than government schools"}
{"issue_text":"Whether the respondents were underpaid as found by the arbitrator","issue_type":"fact","dispositive":"no","related_facts":"Arbitrator found underpayment of $4 495.86 per respondent; appellant claims verbal agreement for lower wages"}
{"issue_text":"Whether appellant's right to fair choice of arbitrator was violated","issue_type":"procedural","dispositive":"no","related_facts":"Appellant did not agree to appointed arbitrator due to conflict of interest"}

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background

Facts of the Case

Background

The respondents, employees of Makumbe Primary School, were underpaid wages below the stipulated collective bargaining agreement amount. After unsuccessful conciliation, arbitration awarded them $4 495.86 each totaling $13 487.58. The school appealed claiming the wrong National Employment Council had jurisdiction and denying underpayment based on a verbal agreement.

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