Doves Holdings (Pvt) Ltd v Zimbabwe Funeral Services and Assurance Workers Union

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO. LC/H/164/2014
HARARE, 6 & 28 MARCH 2014
CASE NO.
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IN THE LABOUR COURT OF ZIMBABWE	                 JUDGMENT NO. LC/H/164/2014

HARARE, 6 & 28 MARCH 2014		           		       CASE NO. LC/H/959/13

In the matter between:-

DOVES HOLDINGS (PVT) LTD					Applicant

And

ZIMBABWE FUNERAL SERVICES AND 		 	Respondent

ASSURANCE WORKERS UNION

Before The Honourable Makamure, Judge

For Applicant 		Mr. B. Vito (Company Secretary)

For Respondent		Mr. S. Chirinda (Trade Unionist)

MAKAMURE J:

This is an application for the stay of execution of an award granted by arbitrators. It is opposed. The application was made in terms of section 92E (3) of the Labour Act [Chapter 28:01] (The Act). Parties appear to agree that the figure set by the arbitrators as the appropriate salary needs to be discussed further.  This can only happen while the arbitral award has been suspended.  If the award is not suspended the respondent has the right to enforce it.  Section 92E (2) of the Act provides:

“An appeal in terms of subsection (1) shall not have the effect of suspending the determination on a decision appealed against.”

So it is clear that the common law position where an appeal automatically suspended the operation of a judgment appealed against, has been altered by legislation.  (See Kingdom Bank Workers Committee v Kingdom Bank Financial Holdings HH 302-2011).

In view of the above the application is granted.

Accordingly it is ordered that pending the determination of an appeal before this Court in case number LC/H/959/13 the operation of the arbitral award granted by L. Sigauke and J. Likwesa dated 15 November 2013 be and is hereby suspended.

Company Secretary, Applicant’s representatives

Zimbabwe Funeral Services and Assurance Workers Union, Respondent’s representatives