National Employment Council for the Construction Industry v Zimbabwe Nantong International (Private) Limited (No. 2)

SC 1/2018

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Case Details

Court

Supreme Court

Date

25 January 2018

Citation

SC 1/2018

Neutral Citation

[2018] ZWSC 1

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Patel JA

Full Bench

Patel JAGuvava JAUchena JA

Areas of Law

Labour LawCivil Procedure

Keywords

Labour Court jurisdictionHigh Court jurisdictionCollective bargaining agreementNEC contributionsSection 89 Labour Act

Key Issues

{"issue_text":"Whether the dispute between the parties was one within the exclusive jurisdiction of the Labour Court and therefore outside the jurisdictional competence of the High Court","issue_type":"procedural","dispositive":"yes","related_facts":"NEC claimed statutory dues under CBA; no employment relationship between NEC and employer"}
{"issue_text":"Whether the exclusive jurisdiction of the Labour Court under s 89 of the Labour Act has been superseded by section 171 of the new Constitution","issue_type":"constitutional","dispositive":"no","related_facts":"New constitutional dispensation post-dates Labour Act provisions"}

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background

Facts of the Case

Background

The NEC for Construction Industry sued Zimbabwe Nantong International in the High Court for unpaid NEC dues and pensions contributions totaling US$165,755. The respondent excepted to the claim, arguing the High Court lacked jurisdiction as this was a labour matter exclusively for the Labour Court. The High Court upheld the exception and dismissed the claim.

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