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Labour Court
Banking Employers Association of Zimbabwe v Zimbabwe Bank & Allied Workers Union
[2014] ZWLC 86
Case Details
Court
Labour Court
Date
14 February 2014
Citation
[2014] ZWLC 86
Judgment No.
LC/H/86/14
Outcome
unknown
Case Type
Appeal
Bench
Presiding
G Musariri
Full Bench
G Musariri
Areas of Law
Labour lawCollective bargaining
Keywords
arbitrationsalary incrementinflationcost of living adjustment
Tags
arbitration awardcollective bargaining agreementsalary reviewCOLA
legislation
Statutes Cited
- Labour Act [Chapter 28:01]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the arbitrator acted ultra vires his mandate by conducting a salary review instead of setting a COLA based on the inflation figure","issue_type":"law","dispositive":"yes","related_facts":"The arbitrator awarded 10% instead of using 4.9% inflation figure"}
- {"issue_text":"Whether the arbitrator's award of 10% increase had factual and legal basis","issue_type":"mixed","dispositive":"no","related_facts":"Arbitrator considered multiple factors including PDL, sector growth, ability to pay"}
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background
Facts of the Case
Background
The appellant appealed against an arbitration award that interpreted clause 6 of the July 2010 to December 2011 Collective Bargaining Agreement as using year-on-year inflation figures as a starting point for negotiating salary increases, and awarded a 10% salary increase for 2012. The appellant argued the arbitrator exceeded his mandate by conducting a salary review instead of setting a COLA based on the 4.9% inflation figure.
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