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Collective Bargaining Agreements and the Enforcement of Contractual Rights and Obligations Flowing Therefrom

SC27-15 : THE ZIMBABWE BATA SHOE COMPANY LIMITED vs THE CHAIRMAN, NEC FOR THE LEATHER INDUSTRY and ZIMBABWE LEATHER AND ALLIED WORKERS UNION
Ruled By: GWAUNZA JA, GUVAVA JA and MAVANGIRA AJA

At the close of argument in this matter, it was the unanimous view of the court that the appeal lacked merit and we dismissed the application with costs. We indicated that the full reasons for the judgment would follow, and these are they. This is an appeal against the whole judgment of the Labour Court ...
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Appealed
SC59-15 : NATIONAL EMPLOYMENT COUNCIL FOR THE CONSTRUCTION INDUSTRY vs ZIMBABWE NANTONG INTERNATIONAL (PVT) LTD
Ruled By: MALABA DCJ, GWAUNZA JA and PATEL JA

This is an appeal against the whole of a judgment of the High Court handed down on 14 November 2014.The appellant had issued summons against the respondent claiming the sum of US$165,755= for general fund and pensions contributions due from 16 February 2009 to 31 March 2013. The appellant also claimed interest on ...
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HH07-13 : ZIMBABWE TEXTILE MANUFACTURERS ASSOCIATION vs ZIMBABWE TEXTILE WORKERS UNION and DR. GODFREY KANYENZE
Ruled By: MTSHIYA J

On the merits of the matter, I note that in the opposing affidavit filed on 14 February 2012, the respondents had raised a number of points in limine. Those were, however, abandoned in the heads of argument. I believe this was mainly because the respondents firmly took the view that “this application has since ...
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Appealed
SC01-18 : NATIONAL EMPLOYMENT COUNCIL FOR THE CONSTRUCTION INDUSTRY vs ZIMBABWE NANTONG INTERNATIONAL (PRIVATE) LIMITED
Ruled By: PATEL JA, GUVAVA JA and UCHENA JA

This is an appeal against the whole judgment of the High Court handed down in Case No.HC8150/13 on 14 November 2014. This matter was first argued on 5 June 2015 in relation to the first ground of appeal, to wit, the procedural point that the court a quo had erred in entertaining a challenge to its jurisdiction ...
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HH626-14 : THE NATIONAL EMPLOYMENT COUNCIL FOR THE CONSTRUCTION INDUSTRY vs ZIMBABWE NANTONG INTERNATIONAL (PRIVATE) LIMITED
Ruled By: CHIGUMBA J

It is trite that only the Labour Court may deal with labour matters at first instance. In my view, it is now settled that there is no concurrent jurisdiction between the Labour Court and this Court, in a dispute which involves a purely labour matter, at first instance. The Labour Court has exclusive and unique jurisdiction to ...
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HH211-15 : NETONE CELLULAR PL vs THE MINISTER OF PUBLIC SERVICE LABOUR AND SOCIAL WELFARE and NATIONAL EMPLOYMENT COUNCIL FOR THE COMMUNICATIONS AND ALLIED SERVICES INDUSTRY
Ruled By: MAKONI J

The applicant approached this court seeking the following relief:“IT IS DECLARED AS FOLLOWS:1. The application to the Applicant of the provisions of a collective bargaining agreement born of a process to which the Applicant was not party is a violation of the Applicant's constitutional right to freedom of association.2. The ...
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SC46-15 : NATIONAL RAILWAYS OF ZIMBABWE vs ZIMBABWE RAILWAYS ARTISANS UNION AND OTHERS
Ruled By: ZIYAMBI JA, GWAUNZA JA and GUVAVA JA

This appeal, from the judgment of the Labour Court, raises the issue whether an Arbitrator can, in a compulsory arbitration, dictate the terms of a Collective Bargaining Agreement between the parties.Collective Bargaining Agreements are governed by Part X of the Labour Act [Chapter 28:01] (“the Act”). They are to be ...
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SC30-20 : GODFREY TAPEDZA AND ZIMBABWE ENERGY WORKERS UNION AND OTHERS vs ZIMBABWE ENERGY REGULATORY AUTHORITY AND NATIONAL EMPLOYMENT COUNCIL FOR THE ENERGY INDUSTRY
Ruled By: GWAUNZA JA, HLATSHWAYO JA and PATEL JA

The sole issue for determination in this case is whether the first respondent is an employer within the energy industry and is thereby bound by the Collective Bargaining Agreement: Zimbabwe Energy Industry, Statutory Instrument 50 of 2012, S.I.50/2012 (“the CBA”). The issue was placed before the Labour Court for determination ...
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SC26-21 : JOSEPH LUNGU and OTHERS vs RESERVE BANK OF ZIMBABWE
Ruled By: GUVAVA JA, MAVANGIRA JA and MAKONI JA

On 26 January 2017, this Court, in SC01-17, adjudicating over the parties' dispute, remitted the matter to the Labour Court (the court a quo) for a determination of the following issues:“To determine, on the basis of specific provisions of the Works Council Agreement concluded in September 2010, and the minutes ...
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SC65-21 : STARAFRICA CORPORATION LIMITED vs ZIMBABWE SUGAR REFINERY WORKERS UNION
Ruled By: GWAUNZA DCJ, BHUNU JA and BERE JA

This is an appeal against part of the judgment of the Labour Court (the court a quo) handed down on 26 January 2018. The appeal is against that part of the judgment which upheld the arbitrator's award granting the respondent's members an 11 percent wage increase.FACTUAL BACKGROUND OF THE CASEThe ...
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HB44-15 : RAILWAYS ARTISAN UNIONS vs NATIONAL RAILWAYS OF ZIMBABWE and OTHERS
Ruled By: TAKUVA J

This is an application for confirmation of a provisional order issued by the Honourable Mr Justice Kamocha on the 31st day of October 2013.The applicant is a registered trade union representing the artisans employed by the first respondent. It has capacity to sue and be sued in its own name.The ...
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CC08-21 : ZIMBABWE BANKS AND WORKERS UNION and TIRIVANHU MARIMO vs MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE and THE SHERIFF OF ZIMBABWE and ZB BANK LIMITED
Ruled By: GARWE AJCC, GOWORA AJCC and HLATSHWAYO AJCC

This is an application for direct access to the Constitutional Court made in terms of section 167(5) of the Constitution as read with Rule 21 of the Constitutional Court Rules 2016 (“the Rules”).The applicants intend to approach the Constitutional Court in terms of section 85(1) of the Constitution, seeking an ...
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