Zimbabwe Ferro Alloys Employers Association v Zimbabwe Ferro Alloys Workers Union

JUDGMENT NO. LC/MD/34/2013

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Case Details

Court

Labour Court

Date

28 November 2012

Citation

JUDGMENT NO. LC/MD/34/2013

Neutral Citation

[2013] ZWLC 34

Judgment No.

LC/MD/34/2013

Outcome

unknown

Case Type

Review

Bench

Presiding

L. Matanda-Moyo

Full Bench

L. Matanda-Moyo

Areas of Law

Labour LawArbitration Law

Keywords

Arbitral AwardPublic PolicyReview PowersWage IncreaseBackpay

Key Issues

{"issue_text":"Whether the Labour Court has jurisdiction to review an arbitral award under Article 34 of the Arbitration Act","issue_type":"procedural","dispositive":"no","related_facts":"Parties' arbitration agreement and Labour Amendment Act provisions"}
{"issue_text":"Whether the arbitral award is in conflict with public policy of Zimbabwe","issue_type":"law","dispositive":"yes","related_facts":"Arbitrators acting as representatives rather than adjudicators; failure to consider evidence of affordability"}
{"issue_text":"Whether the applicant proved that the award would cause company closures and job losses","issue_type":"fact","dispositive":"no","related_facts":"Lack of financial evidence presented"}

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Facts of the Case

Background

The applicant sought review of an arbitral award granting a 20% wage increase to employees, arguing it would cause company closures and job losses. The respondent opposed, challenging the court's jurisdiction and arguing the award was reasonable. The court found the arbitrators erred by acting as conciliators rather than adjudicators and by not considering evidence of affordability.

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