Zimbabwe Sugar Milling Industry Employers Association v Zimbabwe Sugar Milling Industry Workers Union and Honourable Arbitrator L G Smith

HH-125-18

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Case Details

Court

Harare High Court

Date

14 March 2018

Citation

HH-125-18

Neutral Citation

[2018] ZWHH 125

Outcome

unknown

Case Type

Application

Bench

Presiding

TAGU J

Full Bench

TAGU J

Areas of Law

Arbitration LawLabour LawAdministrative Law

Keywords

Setting aside arbitral awardPublic policyWage incrementCollective bargaining agreementModel Law

Key Issues

{"issue_text":"Whether the arbitral award is contrary to the public policy of Zimbabwe and should be set aside under Article 34 of the Model Law.","issue_type":"law","dispositive":"yes","related_facts":"The award's impact on the applicant's financial sustainability and the lack of evidence provided by the applicant to the arbitrator."}

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Facts of the Case

Background

The applicant sought to set aside an arbitral award that granted wage increases of 15% and 7.5% to different employee bands, arguing it was contrary to public policy as it would render operations unsustainable and was discriminatory. The applicant failed to provide evidence before the arbitrator regarding its financial position.

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