Zimbabwe Railways Artisans Union and Others v National Railways of Zimbabwe

The three applicant trade unions' members embarked on collective job action, which applicants claim commenced on 25 August 2003 and respondent claims commenced on 18 August 2003. Applicants contend the action ended on 28 August 2003 after amicable resolution, while respondent asserts some members continued until 3 September 2003. On 4 September 2003, the Labour Court issued a disposal order in Case No LC/H/321/2003. Following this order, the respondent (National Railways of Zimbabwe) proceeded to deduct from salaries and wages monies that would have been due to workers who participated in the collective job action. Upon learning of these planned deductions, the applicants brought this urgent chamber application seeking to interdict the employer from making the deductions.

• Whether the matter was properly brought as an urgent application before the High Court
• Whether the High Court had jurisdiction to hear the matter given its origins in the Labour Court
• Whether the respondent employer was entitled to make salary deductions from workers who participated in collective job action
• Whether section 108(4) of the Labour Amendment Act No 17 of 2002 permitted the deductions contemplated by the respondent
• Whether the applicants could interdict action that was permitted by law

The application was dismissed.

The High Court will not entertain matters by way of urgent application where the matter has its origins in the Labour Court and involves issues that the Labour Court is competent to deal with. Further, a court will not grant an interdict to restrain action that is expressly permitted by statute - in this case, section 108(4) of the Labour Amendment Act No 17 of 2002 permits employers to deduct salaries for periods when employees participated in collective job action.

The judge noted that there were other matters which would have disinclined him from granting the relief sought, but did not elaborate on what these matters were. The court also noted the dispute regarding the dates of commencement and conclusion of the collective job action but did not find it necessary to resolve this factual dispute given the basis for dismissal.

This case demonstrates the proper forum for labour disputes in Zimbabwe's court hierarchy, affirming that matters originating in the Labour Court should be dealt with by that specialized tribunal rather than the High Court. It also confirms the employer's statutory right under section 108(4) of the Labour Amendment Act No 17 of 2002 to make salary deductions for periods when employees participated in collective job action, establishing that such deductions are lawful and cannot be interdicted.