Code of Ethics for Labour Arbitrators in Zimbabwe

Section 7 of the Labour (Arbitrators) Regulations, 2012 deals with the Code of Ethics for Labour Arbitrators in Zimbabwe. It sets out the duties applicable to all arbitrators appointed in terms of section 98(6) of the Labour Act [Chapter 28:01] and issued with a Certificate of Appointment.

In terms of section 7(1) of the Labour (Arbitrators) Regulations, 2012 every labour arbitrator in Zimbabwe has a duty to act in such manner as to ensure that:

All significant aspects of arbitration are treated by the arbitrator as confidential unless this requirement is waived by both parties;

Impartiality and principles of natural justice are observed at all times;

Disclosure to the parties or the conciliator of any current or past managerial, representational or consultative relationship with any employer or employers’ organisation, trade union or a federation that is involved in the dispute at hand; provided that if any of the parties to the dispute or the conciliator requestor the arbitrator to recuse himself or herself, he or she shall do so;

None delegation of decision-making function to another, without the consent of the parties;

All pre-hearing matters are handled in a manner that fosters complete impartiality;

A fair and adequate hearing which assures that both parties have sufficient opportunity to present their case is held and that where written submissions are made, to ensure that these are exchanged between the parties and that each party is given a reasonable opportunity to make counter-submissions;

He or she discharges their quasi-decision function with propriety without being influenced by any partisan interest, public clamour, family, person, social, political or other interests.

The Code of Ethics for Labour Arbitrators in Zimbabwe requires that all labour arbitrators appointed act professionally. This means that a labour arbitrator should refrain from canvassing for clients or cases or engaging in any form of advertising whatsoever in relation to arbitrator of labour disputes.

Labour arbitrators in Zimbabwe are also precluded from assisting, allowing, enabling or partnering with unregistered persons with respect to the conduct of arbitral hearings, receiving or recovering fees for services which can only be offered by an appointed arbitrator.

In terms of section 7(5) of the Labour (Arbitrators) Regulations, 2012 an arbitrator is precluded from receiving: (a) prior to, (b) during or (c) after the conclusion of arbitration proceedings, any gifts which may reasonably be construed to influence the execution of the duties of an arbitrator.