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Compulsory Arbitration in Zimbabwe under Labour Act

The Labour Act [Chapter 28:01] provides for the resolution of disputes by means of compulsory arbitration. Labour and employment disputes which are referred for compulsory arbitration in Zimbabwe under the Labour Act [Chapter 28:01] must be conducted in terms of the Arbitration Act [Chapter 7:15] which has the Model Law on International Commercial Arbitration (‘the Model Law’) attached thereto as the First Schedule. 

The Arbitration Act [Chapter 7:15] which incorporates the Model Law in Zimbabwe complements the Labour Act [Chapter 28:01] by filing procedural and substantive gaps in compulsory arbitration. see TG Kasuso, N Maringe, G Manyatera & RT Mutero, Labour Dispute Resolution in Zimbabwe (Legal Resources Foundation 2025) at 123.

Section 98 of the Labour Act [Chapter 28:01] deals with references to compulsory arbitration. There are two instances in respect of which a Labour Officer can refer a dispute for compulsory arbitration in Zimbabwe under the Labour Act [Chapter 28:01]. Firstly, a Labour Officer can refer a dispute to compulsory arbitration if the dispute is a dispute of interest and the parties are engaged in an essential service. Secondly, a Labour Officer can refer a dispute to compulsory arbitration in Zimbabwe if the dispute or unfair labour practice is a dispute of right. An unfair labour practice for instance, is a dispute of right, which is capable of being referred for compulsory arbitration in Zimbabwe under the Labour Act [Chapter 28:01]. see Barclays Bank of Zimbabwe Ltd v Mapfanya & Another SC 90-21.

In Zimbabwe, in referring a dispute to compulsory arbitration, a Labour Officer or the Labour Court can appoint as an arbitrator any person whose name appears on the panel of arbitrators also known as a list of arbitrators, consisting of any labour officer, ex officio or designated agent experienced or qualified in arbitration. It is important to note that in referring a dispute to compulsory arbitration in Zimbabwe by a person other than a Labour Officer, or a Designated Agent for the Employment Council which is registered to represent the undertaking or industry to which the parties belong, the Labour Court or Labour Officer is required to determine the share of costs of the arbitration to be borne by each party.