Soft Drink Manufacturing Employee Assoc. v Soft Drink Manufacturing Workers Union & Ors (HC 7810 of 2014) [2015] ZWHHC 744 (23 September 2015)

Soft Drink Manufacturing Employee Assoc. v Soft Drink Manufacturing Workers Union & Ors (HC 7810 of 2014) [2015] ZWHHC 744 (23 September 2015)

The award was set aside because it constituted a palpable inequity contrary to the public policy of Zimbabwe, as it failed to consider the financial effects on the applicant and could drive the applicant into insolvency.

Source-derived case information.

Citation
[2015] ZWHHC 744
Parties
Applicant: Soft Drinks Manufacturing Employers Association; Respondent: Soft Drinks Manufacturing Workers Union; Arbitrator: Honourable M. Gwisai; Arbitrator: Honourable G. Makings
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
23 September 2015
Case Number
HC 7810 of 2014
Procedural Posture
Application to Set Aside Arbitral Award / Judgment
Outcome
award set aside
Legal Topics
Setting Aside Arbitral Awards, Public Policy, Reasons for Arbitral Awards, Bias in Arbitration
Source Language
english
Arbitration Labour Law Setting Aside Arbitral Awards Public Policy Reasons for Arbitral Awards Bias in Arbitration

Source-derived case record

Summary, issues, holding and outcome

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Parties

Soft Drinks Manufacturing Employers Association

Applicant

Soft Drinks Manufacturing Workers Union

Respondent

Honourable M. Gwisai

Arbitrator

Honourable G. Makings

Arbitrator

Procedural Posture

Application to Set Aside Arbitral Award / Judgment

Legal Issues

  1. 1 Whether the arbitral award should be set aside for failure to give reasons
  2. 2 Whether the award results in palpable inequity contrary to public policy
  3. 3 Whether the arbitrators failed to properly apply their minds to the issues and evidence

Ratio Decidendi

The award was set aside because it constituted a palpable inequity contrary to the public policy of Zimbabwe, as it failed to consider the financial effects on the applicant and could drive the applicant into insolvency.

Court Disposition

award set aside

Orders

  • The arbitral award is set aside with costs.