Stenplay Investments (Private) Limited v E. Chiyangwa & 16 Others and Forward Mugabe

[2014] ZWLC 739

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Case Details

Court

Labour Court

Date

7 November 2014

Citation

[2014] ZWLC 739

Judgment No.

LC/H/739/2014

Outcome

unknown

Case Type

Review

Bench

Presiding

E. Muchawa

Full Bench

E. Muchawa

Areas of Law

Labour LawArbitration

Keywords

jurisdictioncollective bargaining agreementarbitrationlabour disputereview

Key Issues

{"issue_text":"Whether the arbitrator had jurisdiction to determine the dispute when the registered collective bargaining agreement provided for an exclusive appeals procedure","issue_type":"procedural","dispositive":"yes","related_facts":"SI 323 of 1993 was the registered CBA; dispute was referred to arbitration instead of appeals committee"}
{"issue_text":"Whether there was gross irregularity in the arbitration proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Proceedings were null due to lack of jurisdiction"}

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Facts of the Case

Background

Seventeen employees were dismissed for participating in a collective job action organized by their trade union. After conciliation failed, the dispute was referred to arbitration. The employer sought review of the arbitral award, arguing the arbitrator lacked jurisdiction as the dispute should have been handled through the appeals procedure under the registered collective bargaining agreement.

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