30/06/2026
Labour Bulletin
High Court Opens Enforcement Path for Designated Agents’ Determinations
The Case of
Jairos Moyo v Little Hearts Christian College
High Court of Zimbabwe, HH 440-26
Judgment delivered by Justice Mambara on 16 June 2026.
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Background
The applicant sought recognition and enforcement of a determination issued by a designated agent of the National Employment Council (NEC) for Welfare and Educational Institutions. The determination, issued on 28 November 2022, awarded him US$13,562.84 comprising:
• US$1,925.00 retrenchment package
• US$10,412.84 wage shortfalls
• US$1,050.00 cash in lieu of leave
• US$175.00 gratuity
The employer opposed the application, arguing that there is no express provision in the Labour Act allowing the High Court to register and enforce a designated agent's determination.
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Key Issue
Can the High Court recognise, adopt and enforce a final designated agent's determination where the Labour Act does not expressly provide a registration mechanism?
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Court's Findings
The Court held that:
1. A designated agent's determination issued under section 63(3a) of the Labour Act is a final adjudication.
2. The High Court's constitutional jurisdiction under sections 171 and 176 of the Constitution empowers it to grant effective relief where a legal right has been finally determined.
3. Labour rights protected under section 65 of the Constitution should not be rendered meaningless by the absence of a specific enforcement procedure/mechanism.
4. Courts should avoid interpretations that leave successful employees with only a "paper victory or brutum fulmen wins’
5. While the Labour Act does not expressly provide for registration of designated agent determinations, the High Court may, through its inherent powers, recognise, adopt and convert such determinations into judgments of the Court.
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Departure from Earlier Decisions
The Court respectfully declined to follow earlier authorities to the extent that they suggested that the High Court was completely powerless or incompetent to enforce designated agents’ determinations.
Justice Mambara held that the absence of an express statutory enforcement mechanism does not prevent the High Court from granting effective relief where:
• the determination is final;
• the amount is liquidated and certain;
• no appeal or review is pending;
• parties were afforded a hearing; and
• the High Court is approached through proper proceedings.
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Significance for Employers and Employees
This judgment is potentially significant because it provides a practical enforcement route for employees holding favourable NEC Designated Agents’ determinations.
Where the above requirements are met, a successful employee may now seek an order from the High Court:
• recognising the determination;
• adopting it as a judgment of the Court; and
• permitting ex*****on in the ordinary manner.
The decision strengthens access to remedies for employees and emphasises that labour rights must be capable of effective enforcement.
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Order
The High Court:
• Recognised and adopted the NEC designated agent's determination.
• Made the determination a judgment of the Court.
• Confirmed the judgment debt of US$13,562.84.
• Authorised ex*****on should payment not been made.
• Awarded costs against the employer.
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Labour Law Takeaway
A final, liquid and unchallenged designated agent’s determination may be recognised and adopted by the High Court as its own judgment, allowing enforcement through ordinary ex*****on processes, notwithstanding the absence of an express registration procedure in the Labour Act.
Prepared by
Faith Mupangani
Disclaimer: Faith Mupangani is a Designated Agent for the National Employment Council for the Cotton Industry and he writes in that capacity. This bulletin is intended to provide a summary of the judgment. For further information, he may be contacted on 0773150598 or by email at [email protected].
