What happens when an employer fails to pay an employee after a labour award in Zimbabwe?

Following the granting of a labour arbitration award by a designated agent in an employment council or any other arbitrator appointed to adjudicate a labour dispute in Zimbabwe an employee is able to approach either the High Court or the Magistrates Court for the registration of the award. The issuance of an arbitral award by a labour arbitrator signals the end of either compulsory or voluntary arbitration proceedings. Under compulsory arbitration, the labour arbitral award should be in Forms LR 7 and certified copies of the award in Form LR 9. However, the mere granting of a labour arbitral award by an arbitrator in Zimbabwe does not result in an employer instantly paying. Put differently, the granting of a labour arbitral award in Zimbabwe does not result in automatic payment nor is it a guarantee of payment.

In Dudka & Others v Cheni Investments (Pvt) Ltd 2011 (1) ZLR 1 (H) 6, the High Court held that:

“I agree with the submissions made on behalf of the applicants that an award takes effect upon its grant. Its execution has no effect on whether it is binding or not. A party can choose to obey an award, such that there would not be need for the award to be registered. Registration allows for execution.”

It is not usual for employers to comply with labour arbitral awards in Zimbabwe. However, where an employer fails to comply with a labour arbitral award in Zimbabwe, the next step is to have the labour arbitral award recognised and enforced by the courts. The recognition and enforcement of a labour arbitral award in Zimbabwe, in either the Magistrates Court or the High Court converts that arbitral award into a civil judgment which is capable of enforcement in terms of the rules of court since the Labour Court and related arbitral tribunals have no machinery for enforcing their judgments. see Emeza Trading (Pvt) Ltd v Yellowcob Enterprises (Pvt) Ltd 2019 (3) ZLR 829 (H).

The grounds upon which the Magistrates Court or the High Court of Zimbabwe will recognise and enforce a labour arbitral award in Zimbabwe were dealt with in Mvududu v Agricultural and Development Agency 2011 (2) ZLR 449 (H) as follows:

The award must have been granted by a competent arbitrator;

The award must sound in money;

The award is still extant and has not been set aside on review or appeal;

The litigants are the parties to the award; and

The award must have been duly certified as an award by the arbitrator.