Charles Kazembe v Highveld Primary School Trust

[2021] ZWLC 07

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Case Details

Court

Labour Court

Date

12 November 2021

Citation

[2021] ZWLC 07

Judgment No.

LC/H/07/2021

Outcome

unknown

Case Type

Condonation

Bench

Presiding

Kachambwa J

Full Bench

Kachambwa J

Areas of Law

Labour lawCivil procedure

Keywords

condonationlate noting of appeallabour officer jurisdictiondismissal

Key Issues

{"issue_text":"Whether condonation should be granted for late noting of appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Three-month delay; mistaken referral to labour officer; COVID-19 impact"}
{"issue_text":"Whether the delay was reasonable in the circumstances","issue_type":"mixed","dispositive":"no","related_facts":"Change in law; COVID-19 pandemic; long-standing previous procedure"}

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background

Facts of the Case

Background

The appellant, Charles Kazembe, brought an application for condonation for late noting of appeal against his dismissal by Highveld Primary School Trust. The appeal was three months late due to the applicant and his lawyers' mistaken belief that the matter should first be referred to a labour officer, who later declined jurisdiction.

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