Resolving disputes under new labour legislation

WELCOME back to our ongoing discussion on arbitration. A few weeks ago, we delved into the fascinating topic of arbitration.

We explored the distinction between voluntary and compulsory arbitration. If you missed our previous article, I encourage you to visit The Sunday Mail website and search for it to gain a comprehensive understanding of the subject matter we are about to delve into today.

Arbitration, as we previously discussed, is a method of dispute resolution that offers an alternative to traditional court proceedings. It involves the parties involved in a dispute agreeing to submit their case to one or more impartial individuals known as arbitrators, who will render a binding decision based on the evidence and arguments presented. This process can be either voluntary or compulsory, each carrying its own unique characteristics and implications.

Voluntary arbitration occurs when both parties willingly agree to resolve their dispute through arbitration. It is often chosen as a preferred method due to its flexibility, confidentiality and potential for faster resolution compared to litigation. Parties have the freedom to select their arbitrators, determine the rules and procedures governing the arbitration, and tailor the process to suit their specific needs.

On the other hand, compulsory arbitration, also known as mandatory or forced arbitration, arises when the parties are legally obligated to present their disputes for arbitration rather than pursuing litigation in court.

This form of arbitration is typically governed by statutory or contractual provisions that require certain types of disputes to be resolved in this way. While compulsory arbitration can offer benefits such as efficiency and cost-effectiveness, critics argue that it may limit access to justice and undermine individual rights.

Throughout our conversation, we will explore different aspects of arbitration under the new legal dispensation. So, whether you are new to the concept of arbitration or seeking to deepen your knowledge on the subject, join us as we embark on this enlightening journey into the world of arbitration.

Together, we will unravel its intricacies and shed light on its significance in today’s legal landscape.

Voluntary arbitration

Voluntary arbitration proceedings cannot be subjected to either an appeal or review under the Labour Act. Voluntary arbitration proceedings are governed by the Arbitration Act. In McKelvey v Abrahams & Anor 1989 (2) ZLR 251 (SC), Gubbay CJ at 264C-D said: “The object of arbitration, as expressed in para 13 of the Schedule to the Act, is to arrive at an award that is final and binding on the parties.