ZIMBABWE Law and Practice Contributed by: Ruvimbo T L Matsika and Tatenda Nyamayaro, Wintertons
Labour Court Under Section 89 (1) of the Labour Act, the labour court has the jurisdiction to hear applications and appeals in terms of the Labour Act or any other enact - ment. In the exercise of its functions, the labour court may refer a dispute to a labour officer, designated agent or arbitrator. The labour court also has powers of review over labour matters. An appeal on a question of law against a decision of the labour court lies with According to the terms of the Class Actions Act (Chapter 8:17), a class action may be brought before the High Court on behalf of any class of persons. The class action should be preceded by an application for leave to bring the action. Although the law does not provide for class actions in the labour court, pro - ceedings in the labour court or before labour officers or designated agents may be instituted by or against several named appellants, applicants or respondents. Representation Litigants may be represented in proceedings before labour officers, designated agents or the labour court by legal practitioners, trade union officials or employ - er organisation officials. Litigants may also represent themselves. In proceedings before the Supreme Court, employees and individual employers may either represent themselves or be represented by a legal practitioner, whereas corporate employers must be legally represented. 9.2 Alternative Dispute Resolution A dispute may be resolved through arbitration in cir - cumstances where: the Supreme Court. Class Action Claims • the dispute is referred to arbitration by the labour court under the terms of Section 89 (1)(d) of the Labour Act; • the parties agree for the referral of the dispute to arbitration under Section 93 (1) or 93 (5)(b) of the
Labour Act, which is known as voluntary arbitra - tion; and • the dispute is a dispute of interest and the parties are engaged in an essential service. In the third above-mentioned scenario, the labour officer to whom the dispute is referred is required in accordance with Section 93 (5)(a) of the Labour Act to refer the dispute to compulsory arbitration if it is not resolved through conciliation. Arbitration proceedings may also be held in accord - ance with an arbitration agreement – in which case, they will be conducted in accordance with the provi - sions of the Arbitration Act (Chapter 7:15). An appeal on a question of law against an arbitral award that is issued following referral to arbitration under Sections 89 or 93 of the Labour Act lies with the labour court. An award issued pursuant to arbitration proceedings that are held in accordance with an arbitration agree - ment is, however, not subject to appeal. It may only be set aside following an application to the High Court under the terms of Articles 34 and 35 of the Schedule to the Arbitration Act. Such an application will suc - ceed only if it is demonstrated that the award: • contravenes public policy; or • is subject to some irregularity – for instance, the dispute cannot be resolved through arbitration. 9.3 Costs The court or arbitrator is endowed with the discretion to make an appropriate order of costs. Usually, costs are awarded to the successful party on the party-and- party scale, which is lower than the attorney-and- client scale. Where circumstances warrant, however, costs will be awarded to the successful party on the attorney-and-client scale. An example of such cir - cumstances would be where the unsuccessful party’s conduct was reprehensible and thus deserving of a punitive order of costs.
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