arbitral awardreviewjurisdictionterms of referenceworks council agreement
Tags
arbitral award reviewworks council agreementjurisdiction
legislation
Statutes Cited
Labour Act
Labour Act
Labour Act
Labour Act
ai analysis
Case Summary
Key Issues
{"issue_text":"Did arbitrator Mambara have jurisdiction to review and enforce the Nasho award?","issue_type":"procedural","dispositive":"no","related_facts":"Nasho award required parties to negotiate salaries; Mambara awarded benefits based on Works Council agreement"}
{"issue_text":"Did Mambara arbitrator err in finding respondents were retrenched contrary to prior decisions?","issue_type":"law","dispositive":"yes","related_facts":"Mugumisi award and Labour Court found no unfair dismissal; Mambara found retrenchment"}
{"issue_text":"Did arbitrator exceed his terms of reference by determining respondents' grades?","issue_type":"procedural","dispositive":"yes","related_facts":"Terms of reference did not include grade determination; arbitrator placed respondents in grade L1"}
{"issue_text":"Should arbitration have been held in abeyance pending Supreme Court appeal?","issue_type":"procedural","dispositive":"no","related_facts":"LC/H/300/12 matter pending on appeal; respondents claimed this was different claim"}
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background
Facts of the Case
Background
The respondents, former security guards employed by the Reserve Bank of Zimbabwe on fixed-term contracts, claimed arrear salaries and benefits under a Works Council agreement. Arbitrator Mambara awarded them such benefits, finding they had been retrenched. The applicant sought review of this award.
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