Machote v ZIMDEF (HC 9609 of 2014) [2015] ZWHHC 813 (15 October 2015)

Machote v ZIMDEF (HC 9609 of 2014) [2015] ZWHHC 813 (15 October 2015)

The High Court has jurisdiction to register arbitral awards in labour matters where the Labour Court lacks such power. The existence of a pending appeal or application for interim relief does not bar registration, especially where interim relief has been refused and no stay of execution is in place. The respondent's public policy and tax avoidance arguments were unmeritorious and did not justify refusal of registration.

Citation
[2015] ZWHHC 813
Parties
Applicant: Stanley Machote; Respondent: Zimbabwe Manpower Development Fund
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
15 October 2015
Case Number
HC 9609 of 2014
Procedural Posture
Labour/employment / Application for Registration of Arbitral Award; Opposed Motion
Outcome
Application for registration of arbitral award granted.
Legal Topics
Registration of Arbitral Awards, Jurisdiction of High Court, Public Policy in Enforcement of Awards, Effect of Appeal on Execution
Source Language
English
Labour Law Arbitration Registration of Arbitral Awards Jurisdiction of High Court Public Policy in Enforcement of Awards Effect of Appeal on Execution

Case Brief

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Parties

Stanley Machote

Applicant

Zimbabwe Manpower Development Fund

Respondent

Procedural Posture

Labour/employment / Application for Registration of Arbitral Award; Opposed Motion

Legal Issues

  1. 1 Whether the High Court has jurisdiction to register a labour arbitral award
  2. 2 Whether registration should be refused due to pending appeal or interim relief
  3. 3 Whether registration would be against public policy

Ratio Decidendi

The High Court has jurisdiction to register arbitral awards in labour matters where the Labour Court lacks such power. The existence of a pending appeal or application for interim relief does not bar registration, especially where interim relief has been refused and no stay of execution is in place. The respondent's public policy and tax avoidance arguments were unmeritorious and did not justify refusal of registration.

Court Disposition

Application for registration of arbitral award granted.

Orders

  • The arbitral award granted in favour of the applicant on 29 October 2014 is registered as an order of the High Court.
  • The respondent is ordered to pay the applicant $11,448.88 plus interest at 5% per annum from the date of the arbitral award to the date of full payment.