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Harare High Court
TEL-ONE (PVT) LIMITED versus COMMUNICATIONS AND ALLIED SERVICES WORKERS UNION OF ZIMBABWE
HH 74-2007
Case Details
Court
Harare High Court
Date
24 October 2007
Citation
HH 74-2007
Neutral Citation
[2007] ZWHH 74
Outcome
unknown
Case Type
Application
Bench
Presiding
HUNGWE J
Full Bench
HUNGWE J
Areas of Law
Labour LawArbitration LawPublic Policy
Keywords
Arbitral awardUNCITRAL Model LawPublic policyCollective bargainingSalary disputeIndustrial relations
Tags
Arbitral awardPublic policyCollective bargainingSalary negotiations
legislation
Statutes Cited
- Arbitral Act incorporating the UNCITRAL Model Law
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether arbitral award violates public policy of Zimbabwe","issue_type":"law","dispositive":"yes","related_facts":"Award requiring 266% salary increase, applicant's financial position, tariff controls"}
- {"issue_text":"Whether award is contrary to public policy in its effect","issue_type":"law","dispositive":"yes","related_facts":"Impact on employer-employee relationship, economic fabric of nation"}
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background
Facts of the Case
Background
The applicant sought to set aside an arbitral award dated 29 March 2004 regarding salary and wage negotiations. The dispute arose from quarterly salary reviews based on median Market Quarterly (MMQ) figures, with parties disagreeing on whether MMQ represented forecasts or actual salary increments. The arbitrator's award was challenged as violating Zimbabwean public policy.
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