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Voluntary Arbitration under the Labour Act in Zimbabwe

The Labour Act [Chapter 28:01] provides for the use of voluntary arbitration in four instances namely (a) section 23 (3) of the Labour Act [Chapter 28:01], (b) section 76 (2) of the Labour Act [Chapter 28:01], (c) section 93 (5)(b) of the Labour Act [Chapter 28:01] and (d) section 101 (1c) of the Labour Act [Chapter 28:01]. 

Section 23 (3) of the Labour Act [Chapter 28:01] provides as follows:

“In the event of any dispute arising in relation to the exercise of any right referred to in subsection (2), either party to the dispute may refer it to the labour office mentioned in paragraph (a) of that subsection, or, in the absence of such labour officer, any other labour officer, and the determination of the labour officer on the dispute shall be final unless the parties agree to refer it to voluntary arbitration.”

Section 76 (2) of the Labour Act [Chapter 28:01] provides as follows:

“Where there is any dispute as to whether or not full disclosure has been made in terms of subsection (1), either party to the dispute may refer it to a labour officer, and the determination of the labour officer on the dispute shall be final unless the parties agree to refer it to voluntary arbitration.”

Section 93(5)(b) of the Labour Act [Chapter 28:01] provides as follows:

“may, with the agreement of the parties, refer the dispute or unfair labour practice to voluntary arbitration.”

Section 101 (1c) of the Labour Act [Chapter 28:01] provides as follows:

“Where an employment council refuses to approve a code made by a works council in terms of subsection 1(1) or (1b), the works council may refer the matter to a labour officer, and the determination of the labour officer on the matter shall be final unless the parties agree to refer it to voluntary arbitration.