HH 400-18 AMOS MAKONO & 32 OTHERS versus FREDA REBECCA GOLD MINE

AMOS MAKONO & 32 OTHERS

versus

FREDA REBECCA GOLD MINE

 

 

 

HIGH COURT OF ZIMBABWE

CHATUKUTA J

HARARE, 11 October 2017 & 11 July 2018

 

 

 

Opposed matter-registration of arbitral award

 

 

 

A C Muguchu, for the applicants

Z T Chadambuka, for the respondent

 

 

            CHATUKUTA J: The applicants were discharged from employment by the respondent resulting in a labour dispute presided over by the Honourable Arbitrator Dangarembizi in 2010. The Honourable Dangarembizi ordered the reinstatement of the applicants and payment of back-pay for the period March 2010 to January 2011. The respondent appealed against the award but paid the applicants the back-pay. Following the decision by the respondent not to reinstate them, the applicants successfully claimed before the Honourable Arbitrator Kabasa reinstatement and payment of back-pay from February 2011 to 13 September 2013. The parties could not agree on the quantification of the back-pay resulting in the appointment of the Honourable Arbitrator B. Matongera. The Arbitrator convened a pre-arbitration meeting at which he directed the parties to file their arbitration papers by 14 October 2014. In the event that the applicants failed to file the papers by that date, their claim would be deemed abandoned. The applicants did not file their papers by that date. The arbitral proceedings were however commenced resulting in the Honourable Matongera issuing an award on 15 January 2016 in favour of the 33 applicants. The applicants now seek the registration of the award in terms of s 98 (14) of the Labour Act [Chapter 28:01] arguing that there is nothing that precludes the registration of the award.        The respondents opposed the application contending that the 

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2018