Zimbabwe Textile Manufacturers Association v Zimbabwe Textile Workers Union and Dr. Godfrey Kanyenze

HH07-2013

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Case Details

Court

Harare High Court

Date

9 January 2013

Citation

HH07-2013

Neutral Citation

[2013] ZWHH 7

Outcome

unknown

Case Type

Application

Bench

Presiding

MTSHIYA J

Full Bench

MTSHIYA J

Areas of Law

Arbitration LawLabour LawAdministrative Law

Keywords

Arbitration awardCollective bargaining agreementStatutory InstrumentPublic policyJurisdiction

Key Issues

{"issue_text":"Whether the court has jurisdiction to set aside an arbitration award that has been gazetted as a Statutory Instrument and thus has the force of law.","issue_type":"procedural","dispositive":"yes","related_facts":"The gazetting of the award as SI 77/2012."}
{"issue_text":"Whether the respondents' heads of argument were filed out of time and if the respondents are barred.","issue_type":"procedural","dispositive":"no","related_facts":"Filing dates of heads of argument."}
{"issue_text":"Whether the applicant has an alternative remedy under the Labour Act to amend the gazetted award.","issue_type":"law","dispositive":"yes","related_facts":"The existence of the award as law."}

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Facts of the Case

Background

The applicant and first respondent reached a deadlock in wage negotiations and agreed to voluntary arbitration. The third arbitrator issued an award increasing the minimum wage by 15%. The applicant challenged the award, arguing it was outside the arbitrator's mandate and contrary to public policy. The award was subsequently gazetted as a Statutory Instrument, making it law.

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