Canape Investments (Private) Limited v Wilson Pasipanodya N.O. & 6 Ors

[2019] ZWSC 83

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Case Details

Court

Supreme Court

Date

31 December 2019

Citation

[2019] ZWSC 83

Judgment No.

SC 83/19

Outcome

unknown

Case Type

Appeal

Bench

Presiding

GOWORA JA

Author

MAVANGIRA JA

Full Bench

GOWORA JAMAVANGIRA JABHUNU JA

Areas of Law

Labour LawArbitration LawProcedural Law

Keywords

condonationlate filingarbitral awardreviewnatural justiceaudi alteram partem

Key Issues

{"issue_text":"Whether the Labour Court erred in refusing condonation for late filing of review application","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed 8 days late; legal practitioner believed 30-day period applied"}
{"issue_text":"Whether review was the proper remedy rather than rescission","issue_type":"law","dispositive":"no","related_facts":"Labour Court found rescission should have been sought from arbitrator"}
{"issue_text":"Whether the review application had prospects of success","issue_type":"mixed","dispositive":"no","related_facts":"Allegations of lack of notice and violation of natural justice"}

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background

Facts of the Case

Background

The appellant employer failed to file a review application within the prescribed 21-day period, being 8 days late. The Labour Court refused condonation, holding that the appellant should have applied for rescission to the arbitrator instead of review, and that the explanation for delay was unreasonable.

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