ZESA ENTERPRISES (PVT) LTD v ZESA TECHNICAL EMPLOYEES ASSOCIATION

Key Issues

• {"issue_text":"Whether the Appellant's withdrawal from NEC Energy is ultra vires the Labour Act","issue_type":"law","dispositive":"yes","related_facts":"Appellant's unilateral migration in July 2012 without consent"}
• {"issue_text":"Whether the Appellant can join any other NEC without the consent of the relevant trade union or workers concerned","issue_type":"law","dispositive":"yes","related_facts":"Appellant's decision to migrate and impose new conditions"}
• {"issue_text":"Whether the Appellant may subject employees to terms and conditions set by a NEC against their wishes","issue_type":"law","dispositive":"yes","related_facts":"Appellant's imposition of new salary rates and levy deductions"}
• {"issue_text":"Whether the Appellant's actions infringed employees' rights under Section 21 of the Constitution and Sections 4 and 6 of the Labour Act","issue_type":"constitutional","dispositive":"yes","related_facts":"Imposition of new terms and conditions without consent"}
• {"issue_text":"Whether the Honourable Arbitrator erred in failing to determine whether the Appellant ever voluntarily and lawfully became a member of the NEC Energy","issue_type":"procedural","dispositive":"no","related_facts":"Appellant's membership status to NEC Energy"}
• {"issue_text":"Whether the Honourable Arbitrator erred in finding he had no jurisdiction to determine whether the Appellant belongs to the NEC Energy","issue_type":"procedural","dispositive":"no","related_facts":"Arbitrator's jurisdiction"}
• {"issue_text":"Whether the Honourable Arbitrator erred in holding that the issue was one of change in scope of coverage","issue_type":"procedural","dispositive":"no","related_facts":"Nature of dispute"}
• {"issue_text":"Whether the Registrar of Labour had already determined the matter","issue_type":"procedural","dispositive":"no","related_facts":"Previous determination by Registrar"}

Background