Canaan Jack v Freda Rebecca Gold Mine Limited

[2021] ZWLC 65

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Case Details

Court

Labour Court

Date

4 June 2021

Citation

[2021] ZWLC 65

Judgment No.

LC/H/65/2021

Outcome

unknown

Case Type

Application

Bench

Presiding

Manyangadze J

Full Bench

Manyangadze J

Areas of Law

Labour lawEmployment lawProcedural law

Keywords

condonationlate noting of appeallate filing of reviewdisciplinary dismissalCOVID-19 lockdownlabour officer jurisdiction

Key Issues

{"issue_text":"Whether condonation should be granted for late noting of appeal and filing of review application","issue_type":"procedural","dispositive":"yes","related_facts":"7-month delay, COVID-19 lockdown, initial wrongful referral to labour officer"}
{"issue_text":"Whether Answering Affidavit filed without court leave should be struck off","issue_type":"procedural","dispositive":"no","related_facts":"No provision in court rules for Answering Affidavit"}
{"issue_text":"Whether matter is lis pendens before labour officer","issue_type":"procedural","dispositive":"no","related_facts":"Applicant initially referred matter to labour officer"}

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Facts of the Case

Background

The applicant, a mining crew supervisor, was dismissed for misconduct on 18 March 2020 after his crew worked in a dangerous area with a "bad hanging". He pleaded guilty at the disciplinary hearing but later sought condonation to appeal and review the dismissal, citing COVID-19 lockdown delays and initial wrongful referral to a labour officer.

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