Judgment No. SC 26/18 11 Civil Appeal No. SC 164/16 a quo found that the order granted by the arbitrator was already being implemented. It commented that the employer was already gravitating towards a normal payment system. It in effect refused to deal with the issue placed before it. The gravamen of the complaint by the appellant was that the arbitrator had given an award on a matter that was not placed before him. He had departed from his terms of reference and the order that he gave was in breach of the law. It had no basis in law. It behoved the court a quo to consider that ground and properly find that the order was unlawful and as a consequence set it aside. In consequence, the court a quo did not determine the issue that was before it. This was a serious misdirection that warrants interference by this Court. The failure by a court to appreciate the issues before it is a just cause for setting aside its order. It follows that the judgment of the court should be set aside in its entirety. In the result, the following order will issue: 1. The appeal is allowed with costs. 2. The judgment of the court a quo is set aside and in its place is substituted: (i) (ii) “The appeal be and is hereby allowed with costs. The arbitral award by the learned arbitrator I Bonda dated 23 October 2012 be and is hereby set aside.” GARWE JA: I agree