ZESA HOLDINGS (PRIVATE) LIMITED & 3 ORS v ZIMBABWE MANAGEMENT ASSOCIATION WORKERS UNION

JUDGMENT NO.LC/H/825/14

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Case Details

Court

Labour Court

Date

22 September 2014

Citation

JUDGMENT NO.LC/H/825/14

Neutral Citation

[2014] ZWLC 825

Judgment No.

LC/H/825/14

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Mhuri J.

Full Bench

Mhuri J.F.C. MaxwellR.F. Manyangadze

Areas of Law

Labour LawArbitration Law

Keywords

Arbitral awardEvidenceCollective bargainingUnfair labour practice

Key Issues

{"issue_text":"Whether the arbitral award should be set aside due to lack of evidential basis for the respondent's claim","issue_type":"procedural","dispositive":"yes","related_facts":"Respondent failed to adduce evidence; relied only on submissions"}
{"issue_text":"Whether arbitrators are required to record proceedings and provide reasons for awards","issue_type":"law","dispositive":"no","related_facts":"No minutes written; award undated"}
{"issue_text":"Whether the respondent proved their claim for a bargaining package for managers","issue_type":"fact","dispositive":"yes","related_facts":"No evidence adduced to substantiate claim"}

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background

Facts of the Case

Background

The appellants appealed against an arbitral award that required them to negotiate a collective bargaining package for managers in grades D3, D4 and D6 for 2012. The appeal succeeded because the respondent failed to adduce any evidence to substantiate their claim, relying only on submissions without witness testimony or affidavits.

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