Brewing and Distilling Employers Association v Brewing and Distilling Workers Union and Moses Chinhengo (RT Judge) N.O and Munyaradzi Gwisai N.O

Key Issues

• {"issue_text":"Whether the arbitral award is based on an irrational and unproven inflation rate contrary to public policy","issue_type":"fact","dispositive":"yes","related_facts":"Use of 30.9% inflation rate vs 15.3%"}
• {"issue_text":"Whether the award undermines government efforts to stabilize the economy and thus violates public policy","issue_type":"law","dispositive":"yes","related_facts":"Awarded increases below inflation rate, tribunal’s economic reasoning"}
• {"issue_text":"Whether the tribunal failed to consider issues raised in Annexure C","issue_type":"procedural","dispositive":"no","related_facts":"Non-production of Annexure C, lack of specificity"}
• {"issue_text":"Whether the tribunal disregarded the employer’s revenue currency mix in awarding allowances in USD","issue_type":"mixed","dispositive":"yes","related_facts":"Employer revenue mix (62.5% USD), tribunal’s justification for USD payments"}
• {"issue_text":"Whether the tribunal granted relief not sought by the employees","issue_type":"fact","dispositive":"yes","related_facts":"Employees’ adjusted claims for USD 45 transport and USD 66.09 housing"}
• {"issue_text":"Whether the tribunal’s characterization of the dispute as involving “slave wages” invalidates the award","issue_type":"procedural","dispositive":"no","related_facts":"Use of strong language in reasoning"}

Background