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Harare High Court

Zimbabwe Revenue Authority and The Minister for Finance, Economic Development and Investment Promotion versus Zimbabwe Revenue and Allied Workers’ Union and Honourable Arbitrator Arthur Marara N.O. and Honourable Arbitrator George Makings N.O.

HH 337-25

Case Details

Court
Harare High Court
Date
6 June 2025
Citation
HH 337-25
Neutral Citation
[2025] ZWHH 337
Outcome
unknown
Case Type
Application

Bench

Presiding
DUBE-BANDA J
Full Bench
DUBE-BANDA J
Areas of Law
Labour LawAdministrative LawArbitration Law
Keywords
Arbitral AwardPublic PolicyBudgetCollective BargainingLocus Standi
Tags
ArbitrationPublic PolicyBudgetary ConstraintsLabour Relations
legislation
Statutes Cited
  • Arbitration Act
  • Revenue Authority Act
  • Public Finance Management Act
  • Labour Act
  • Constitution of Zimbabwe
  • Public Finance Management Act
  • Revenue Authority Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the Minister has locus standi to challenge the arbitral award.","issue_type":"procedural","dispositive":"yes","related_facts":"Minister's non-participation in arbitration proceedings"}
  • {"issue_text":"Whether the arbitral award is contrary to the public policy of Zimbabwe.","issue_type":"law","dispositive":"yes","related_facts":"Award exceeds approved budget; budget cycle closed; award is unimplementable"}
  • {"issue_text":"Whether the award of the 13th cheque can be challenged.","issue_type":"procedural","dispositive":"yes","related_facts":"ZIMRA's position on discretionary vs non-discretionary bonus"}
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background
Facts of the Case

Background

The parties engaged in collective bargaining for salary increases for the period July to December 2023. A deadlock ensued, leading to arbitration. The arbitrators awarded a 300% salary increase and a non-discretionary 13th cheque. The applicants, ZIMRA and the Minister, argue that this award exceeds ZIMRA's approved budget and is therefore contrary to public policy and unimplementable.
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